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Criminal Law and Morality

Student: Dmitriy Nikolskiy

Supervisor: Ksenia Barysheva

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2019

ABSTRACT to the thesis on the topic “Criminal law and morality” Completed by a student of Faculty of Law Department of Criminal Law and Criminology HSE Nikolskiy Dmitry Dmitrievich The objects of this study are morality and law as social regulators, the subject of this study is the relationship between morality and criminal law. The purpose of this study is to analyze the current state of the interaction of criminal law and moral norms, identify the positive and negative sides of this interaction and find ways to solve the “contentious” issues between morality and criminal law in the system of social regulation of society. To achieve this goal, the work carried out a historical analysis of the phenomena of morality and criminal law, their origin, development and condition to this day, examined the basic patterns of their cooperation and rivalry. While solving the tasks the author used: private scientific methods of cognition - formal legal, comparative legal; general scientific methods of cognition - analysis, synthesis, structural and systemic. The relevance of this topic is due to the fact that the world and humanity have entered a new stage of their development - and that all social institutions aimed at regulating relations between people need to keep up with the times and meet new challenges. For this, there must be not only a clear understanding of what morality and law are, but also what positive and negative aspects are brought about on society by their inevitable interaction. The work consists of 75 pages of text, includes an introduction, three chapters containing eight paragraphs, a conclusion and a list of references. The first chapter gives a historical analysis of the origin and development of morality and criminal law, as well as their norms, explores their general and special features as institutions of social regulation. The second chapter analyzes the points of contact between criminal law and moral norms, assesses the moral principles in criminal law and the positive interaction between the two constructs as a whole, with a separate discussion of the “controversial” topic of the interaction between criminal law and religious norms. The third chapter discusses the negative aspects of the relationship between criminal law and moral norms, analyzes the depth of their contradictions, as well as mutual influence on each other, and searches for possible solutions to the problem of the antagonism of morality and criminal law.

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