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PHILOSOPHICAL AND LEGAL BASIS OF CRIMINAL POLICY IN RUSSIA AND JAPAN (A COMPARATIVE STUDY)
Turkulets A. V. , Turkulets S. E.



        Alexey Vladimirovich Turkulets is Doctor of Philosophy, Professor of the Chair of Humanities, Law Faculty at Khabarovsk State Academy of Economics and Law.
        Svetlana Evgenjevna Turkulets is Candidate of Social Sciences, Associate Professor of the Chair of Criminal and Legal Studies at Far Eastern State Transportation University.

E-mail: turswet@rambler.ru


Annotation

The reference to philosophical grounds presupposes the analysis of certain theoretical provisions on the meaning, fundamental principles, main categories, basic values in the particular sphere, which is the object of philosophic reflection. Philosophy has gained wide experience in such kind of intellectual creations. Using its enormous arsenal of forms and methods of cognitive work, Philosophy undertakes investigations of fundamental and vital problems of human existence. Historical evolution of Philosophy as a specific type of intellectual self-development is not aimed at solving or ‘getting rid of' these problems, but shows constant pursuits to critically rethink the content of fundamental aspects of human existence and to search new conceptual horizons of the existence.

The paper focuses on criminal policy as a specific manifestation of the process of social management of certain human relations. Such relations imply negative social intercourses, various forms of deviant activities and destructive community life.

The philosophical interpretation of the term ‘criminal policy' significantly differs from its legal interpretation, which narrows this activity to exclusively applied aspects of crime prevention and control, performed by special authorized bodies. The philosophical meaning of the analyzed term widens the horizons of knowledge on the essence of crime, its ontological causes and existence conditions, as well as general world-view principles, which government authorities and civil society institutions should follow to implement criminal policy.

The paper attempts a comparative analysis of philosophical grounds and implementation specifics of criminal policy in Russia and Japan.

        Key words: criminal policy, law, philosophy of law, ontology, axiology, legal culture, legal awareness, values, criminality, prevention.


 
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