The Category of "Value" and the Object of Criminal-Legal Protection
УДК 343.01, ББК 67.408
Abstract
The article examines the relationship between the concepts of "value" and "object of criminal-legal protection". It is stated that to date, no deep interpretation of the understanding of the object of criminal-legal protection as a value has been developed. Two potential models of interpreting the object of legal protection are presented, taking into account objectivist and subjectivist ideas about values. The limitations of each of them are proven. If the objectivist understanding of values does not answer the question of why this or that phenomenon acts as a good subject to protection, then the subjectivist perception of values is not able to indicate the real object of the social world that should be subject to protection. In Soviet science, this issue was resolved in strict accordance with ideological and political attitudes. Under a pluralistic society similar recommendations turn out to be of little use. It is proposed to synthesize and update the above approaches: the idea of values must directly become the basis of criminal-legal theory and practice. It is concluded that values reflecting social ideals about what is appropriate should be recognized as a criterion by which real interests and relationships are assessed. The object of legal protection should be recognized as such interests that, embodying traditional values and contributing to their achievement, are assessed as a legal benefit. At the same time, criminal law does not participate in the value examination of certain social interests or benefits. It only consolidates these interests and benefits as protected objects, confirming their social value.
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