10. Europeanization of the Criminal Law of the Russian Federation: a Potencia ad Actum

  • Aleksander Korobeev
Keywords: Europeanization, Criminal Code of the Russian Federation, capital punishment and confiscation of property, Constitution of the Russian Federation and Constitutional Court, judicial power.

Abstract

The article, after assessing some of the legal scientific doctrine and practice of European and other foreign countries, poses the question "Is Europeanization of Modern Russian Criminal Law Possible?".

This issue is being addressed by analyzing how the treatment of the institutions of the capital punishment and property confiscation institutes in the criminal law of Russia is assessed in the context of Europeanization.

An overview of the changes in Russia's criminal laws governing the responsibility for murder and confiscation of property, taking into account the experience of the European Union and some other foreign states, the judicial practice developed by the Constitutional and Supreme Courts of Russia.

It is concluded that there is no alternative to this process of Europeanization of criminal law in Russia. Despite the peculiarities of Russian national legal systems and traditions, it has to move with the European models and standards.

Published
2018-11-26