The need for criminal protection of the political system of Russia: theoretical aspect
Mission: elections regularly held in the Russian Federation show that violations of the order of their conduct are still not eradicated, and this, in turn, aﬀects the level of legitimacy of the state power. The article substantiates a new approach to the deﬁnition of social conditionality of criminal law protection of power and information subsystem of the political system of Russia. The question of the social conditionality of the criminal law protection of the authorities constantly arises. At the same time, science addresses both General and special issues of criminalization, but it does not consider acts that violate the conditions of the legitimacy of the government. In addition, there are many controversial issues that require further study and discussion. The theory of criminalization as such and the social conditionality of criminal law as one of its components has just begun to form in the theory of criminal law of the country. Currently, there is not even a terminology that denotes the very name of social, legal and other determinants of criminal law. In the literature there are about a dozen titles, but each has its own shortcomings, and the lack of a uniﬁed position on this issue, which can aﬀect both the theoretical development of the problem and legislative activity. The conditions of legitimacy and legitimacy of the authorities always have a constitutional, legal and other normative legal basis. Violation of legal predetermination is part of the mechanism of committing crimes that encroach on the power and other phenomena of the political system of the country. Legal predetermination presupposes the legislative support of the functioning of the political system as a whole and its separate structural elements, which is reﬂected both in the Constitution of the Russian Federation and in Federal laws. In such circumstances, the latter cannot be excluded from the basis of the criminal law. The danger of electoral crimes is not that the constitutional rights of an individual citizen with the right to vote are thus violated, but that the foundations of state power are undermined. Violation of the rules of systematization of the norms of the Special part of the criminal code entails a number of negative consequences, in particular, distorts the socio-political essence of acts, their legal nature, the nature of social danger, the relationship with other acts, etc. Methodology: dialectical method, analysis, synthesis, deduction, formal legal method, system method, method of intersectoral legal research. Conclusions. The prevalence of the act, in relation to the rules providing for liability for breach of the conditions of legitimacy or legitimacy of authority, cannot be the basis for criminalization. Scientiﬁc and practical signiﬁcance. The criminal law prohibition has one basis, which covers a number of factors that determine the need for its appearance, and the basis of criminal law norms on crimes that infringe on state power and the activities of the media includes several circumstances: the public danger of the act, Russia’s international obligations under ratiﬁed international treaties and the normative predetermination of the functioning of the political system and its individual structural systems. From a practical point of view, the elimination of these shortcomings should facilitate the proper application of the relevant criminal law.