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STATE AND PUBLIC SECURITY AS OBJECTS OF CRIMINAL LAW PROTECTION. PRACTICES IN THE RUSSIAN FEDERATION AND THE REPUBLIC OF BULGARIA

D.V. Iroshnikov, L. Y. Larina

Abstract

At present the issues of security enforcement have become urgent in many countries. The modern tendencies connected with constant increase of safety risks just prove it. The national problem of security enforcement must be solved, inter alia, through the measures of criminal law regulation. Meanwhile, systematic and integrated study of the issues of criminal law security enforcement can elaborate practical guidelines for lawmakers on improving current criminal legislation. The purpose of the paper is to carry out a complex analysis of such notions as state security and public security in terms of their interrelation; and to reveal and suggest ways of overcoming the problem of their protection in the criminal legislation of Russia and Bulgaria. The authors carried out a rather-legal analysis and used technical legal methods which helped them to conduct a comparative analysis of some provisions of the Constitutions, Criminal Codes and a number of other Russian and Bulgarian legislations connected with the issues of state and public security enforcement. The study of components of crimes in penal statutes of Russia and Bulgaria allowed concluding that legislators of both states pay considerable attention to criminal law protection of national and public security. In respect to the topic of the paper, Russian and Bulgarian legislations contain similar components of crimes which in general reflect recommendations of international acts. So, analyzing different scientists' opinions the given paper defines the notions of state and public security. The authors come to the conclusion that these two categories of security act as a single independent object of criminal law protection. As a result, the authors reveal strong and weak features of criminal law protection of state and public security in Russia and Bulgaria. So, the conclusions of the paper can undoubtedly be used further by lawmakers of both countries in order to improve the law in the given sphere. The authors of the article suggest some amendments into the Criminal Code of the Russian Federation concerning specification of tasks of criminal statute and structural optimization of the Special Part of the Code.

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DOI resolver: doi.org/10.5593/sgemsocial2015/b21/s5.088

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