Some Philosophical and Legal Problems of Qualification of Crimes Against Political Rights in Modern Legal States
DOI:
https://doi.org/10.24234/wisdom.v23i3.684Keywords:
democracy, political rights, political crimes, crimes against political rights, electoral law, punishmentAbstract
This article is devoted to the study of problems of the qualification of crimes against the realization of political rights. Based on a comparative analysis, approaches to the concept of “crimes” within the Criminal Codes of the Republic of Armenia, the Russian Federation and the Republic of Artsakh are presented. The ancient foundations of the problems of proportionality of sentencing are considered, on the basis of which the similarities of the institutional punishment of the Republic of Armenia and the Republic of Artsakh were studied. Based on a comparative analysis of the post-election situations in the Republic of Armenia and the Republic of Artsakh, it turned out that even with the similarity and uniformity of the legislative settlement of problems related to the non-obstructive exercise of political rights, the results in Armenia and Artsakh are different. The presented article notes that crimes related to political rights, first of all, are levelled against the strengthening and development of democratic values and principles, and based on this and on the basis of a multi-faceted analysis of the nature of the problems of resolving issues related to the implementation of political rights, appropriate methodological and legislative proposals are made.
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