期刊名称：Učënye Zapiski Kazanskogo Universiteta: Seriâ Gumanitarnye Nauki
印刷版ISSN：2541-7738
电子版ISSN：2500-2171
出版年度：2020
卷号：162
期号：2
页码：177-185
DOI：10.26907/2541-7738.2020.2.177-185
出版社：Kazan Federal University
摘要：A system study of the category of exclusiveness in criminal law was performed. Its socio-legal nature was revealed. In the criminal law, there are exceptional conditions for committing crimes, their elements, either aggravating or mitigating, as well as exceptional criminal law measures. The rationales and conditions of capital punishment were discussed. It was concluded that the exclusiveness in criminal law may result in both increased and mitigated penalties that are extraordinary. Therefore, it is necessary to carefully regulate the grounds for their application. The paper also substantiates certain proposals concerning the improvement of some legal norms in the Criminal Code of the Russian Federation.
关键词：crime; responsibility; punishment; criminal code; public danger; exclusiveness; capital punishment; life imprisonment; hooliganism
