Козявин А.А. Историко-правовое и аксиологическое соотношение уголовного процесса и борьбы с преступностью: размышления под влиянием научных взглядов П.А. Лупинской

Аннотация: The article describes the significant contribution of the outstanding scientist, professor P.A. Lupinskaya, to the development of theory about essence and problems of criminal legal proceedings, about ideas which have allowed the author of the article to prove from axiological, historical and legal positions systematic independence of criminal legal proceedings in relation to the criminal law and struggle against criminality. To prove his position the author conducts the historic research of the reasons and process of occurrence of criminal legal proceedings in ancient and contemporary societies. Further in article it is proved that criminal legal proceedings translate ephemeral “criminality” in concrete “crime” and do not possess criminality as the subject of action, but do possess a crime in such a subject. It is affirmed that not only the criminality is the diverse social phenomenon, but also struggle against it is a moral-psychological reaction of a society, and is the social phenomenon too. Therefore criminal legal proceedings cannot have struggle against criminality as the purpose, and urged to resolve the social conflict concerning the committed crime. The given position has found support not only among experts in criminal procedure law sphere, but also among criminologists, and also in norms of the international law.

Ключевые слова:

Abstract: The article describes the significant contribution of the outstanding scientist, professor P.A. Lupinskaya, to the development of theory about essence and problems of criminal legal proceedings, about ideas which have allowed the author of the article to prove from axiological, historical and legal positions systematic independence of criminal legal proceedings in relation to the criminal law and struggle against criminality. To prove his position the author conducts the historic research of the reasons and process of occurrence of criminal legal proceedings in ancient and contemporary societies. Further in article it is proved that criminal legal proceedings translate ephemeral “criminality” in concrete “crime” and do not possess criminality as the subject of action, but do possess a crime in such a subject. It is affirmed that not only the criminality is the diverse social phenomenon, but also struggle against it is a moral-psychological reaction of a society, and is the social phenomenon too. Therefore criminal legal proceedings cannot have struggle against criminality as the purpose, and urged to resolve the social conflict concerning the committed crime. The given position has found support not only among experts in criminal procedure law sphere, but also among criminologists, and also in norms of the international law.

Keywords: