Objects of criminal law protection: axiological interpretation

Abstract

The implementation of criminal policy in the field of protection of traditional Russian spiritual and moral values requires improvement of the methodological bases of the axiological interpretation of objects of criminal-legal protection, including answers to the questions: why this or that object should be protected, what exactly is the protected interest or benefit, what is its valuable content for society. Such interpretation is called upon to reveal the true component of the protected legal benefits based on the cultural and civilizational features of the Russian society and the state. The meaning of the axiological interpretation of objects of criminal-legal protection is to identify, on the basis of traditional Russian spiritual and moral values, such content of human rights and freedoms (which in themselves are recognized as the highest constitutional value), which would contribute to the disclosure of human potential in society in the interests of harmonious and safe coexistence of all people, while avoiding the extremes set by universalism and relativism, individualism and statism, demonstrating a fair balance of the interests of an individual and the state, freedom and security, opportunities and responsibility. If any possibility of human behavior runs counter to traditional values, it cannot be perceived as a component of the content of rights and freedoms, and therefore cannot claim the status of a legally protected good.

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