The Main Results of the Criminal Legislation Reform in 2023

Abstract

In 2023, the practice of legislative reform of the criminal law continued, which cannot always be supported, although in some cases it represents an improvement in criminal policy. During the
year, twenty federal laws were adopted, which changed and complemented the rules of the Criminal
Code of the Russian Federation. The Federal Law of 24 June, 2023 No. 270-FZ «On the Specifics of Criminal Liability of Persons Involved in a Special Military Operation» has not been incorporated into the Criminal Code to date. This violates the basic provision established in Part 1 of Article 1 of the Criminal Code, according to which «the criminal legislation of the Russian Federation consists of this Code» and all new laws should be included in it. While recognizing the need for such a law in modern conditions and not disputing its essence, at the same time, the author notes, that there is a contradiction between the law, which is clearly of a criminal law nature, and the Criminal Code of the Russian Federation. By comparing the provisions of the said law with the norms of the Criminal Code, the author proposes ways to solve this problem.

An analysis of other changes in criminal legislation was undertaken in order to identify their main trends. Among these are the humanization of the criminal law in relation to the changes made to the Special Part of the Criminal Code; expanding criminalization; tougher criminal liability and punishment.