криминология,
основания уголовного наказания,
пенология,
содержание уголовного наказания,
сущность наказания,
теории наказания,
уголовно-правовая доктрина,
уголовное наказание,
уголовное право,
цели уголовного наказания
Abstract
Purpose. This article is devoted to the consideration of a number of criminological, penological, legal, sociological and philosophical approaches to criminal punishment that have been developed to date and are partly competing and competing with each other as a rather complex and diverse socio-legal phenomenon. The author has set as his task (as a concretization of a common goal) to consider the differing views on criminal punishment of two great Russian writers – L.N. Tolstoy and F.M. Dostoevsky. In this regard, he highlighted and emphasized the depth and sophistication of views of F.M. Dostoevsky. In response to Dostoevsky's questions concerning the psychology of criminals and people who are being punished, it is noted that in his books the suffering caused by punishment turns out to be atonement and a purifying blessing in comparison with the torments of the soul experienced by a criminal who is not subject to punishment.Methods. The methodological basis of the research was made up of general scientific and private scientific methodological tools: the method of abstraction, the comparative historical method, the method of retrospection, the methods of induction and deduction, as well as comparative, logical-semantic and functional methods.Results. The author's criticism of some aspects of the penological system of the Russian-American sociologist and cultural critic P.A. Sorokin is presented. Arguments are made in defense of the legislative formulation and the combination of purposes of criminal punishment in the text of the current Criminal Code of the Russian Federation. The author's vision of the problem of combining and resolving contradictions between the so-called absolute and relative theories of punishment in penology (retributionism and consequentialism) is shown.Conclusions. The article proves that absolute and relative theories of punishment can be reconciled and cooperated, since the need to protect society and individuals from crimes does not exclude an approach to punishment as restoring justice and applying it on a proportionate (retaliatory) basis, acting as a deterrent and limiter of arbitrariness in penitentiary activities. Modern penological scientists are invited to focus their scientific efforts on the development of integrative or mixed (combining features of absolute and relative theories) concepts of criminal punishment.
