Modern Rule-Making as the Basis for the Formation of a New Theory of Criminalization

Modern society is undergoing a period of transformation that affects all fundamental spheres, including the sphere criminal policy and law. The state instability uncertainty social development reflected, among other things, in fact practice current rule-making field constructing law prohibitions often demonstrates clear contradiction to rules principles criminalization have developed domestic legal doctrine at turn 20th 21st centuries. This phenomenon receives predominantly negative assessment scientific literature. Without denying substantive criticism, same time, it necessary raise question steady nature deviations from usual standard indicates gradual formation new theory criminalization, contours content which not yet been recognized by science proper extent. Based on study materials legislative process, authors substantiate idea modern based coherent system doctrinal ideas go back psychological coercion punishment, education individual, moralism, preventive constructivism. In their unique configuration, these theoretical concepts constitute allows for free, unrestricted construction order ensure safety process any minimum possible potential threats. It achieve means maintenance through threat punishment moral status individuals solidarity values are meaning-forming actors transformation.