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International conference organized by "JurInfoR-MSU" Institute for Contemporary Education, “JurInfoR” center, the Criminalists and Criminologists’ Union (Moscow), and the U.S. Department of Justice, 20-21 May, 1997, Moscow

On combating new types of economic crimes in Russia and the United States

Criminal policy at the new stage

Sergei Boskholov

At present we witness a completely new situation in scientific development of the theory and practice in combating crime. It is based,first of all, on radically new political, economic, social, cultural, spiritual situation in which the post-communist Russia has found itself. The deep system crisis within those fundamental spheres of the vital activity of the state and society has also adversely affected the state of the theory and practice in the field of combating crime. They too have found themselves in the zone of grave crisis. Secondly, at the present moment in Russia science, as a whole, and legal science, in particular, have been excluded from the number of priority fields on the part of high echelon leadership, and the authorities of all levels. The situation has also changed in the theory of criminal policy: the interest of authories, the leaders of law-enforcement organs in it has considerably diminished. The scientific potential accumulated in that field is becoming more and more unclaimed. Due to absence of financing R&D in the field of regional criminal policy - one of the most important directions in the theory and practice of criminal policy - have practically come to a standstill.

All that has adversely affected the theoretical state of criminal policy. No outstanding works in that field of fundamental importance have been published lately.

Thirdly, and that is of principal importance, in new conditions the task in the realization of legal reform does not presuppose, it stands to reason, sporadic improvement of separate institutes, directions and sides in the activity of law-enforcement organs, it requires realistic, genuine reformation of the law-enforcement system as a whole, and especially its most important part located in the forefront in combating criminality, that is the system of criminal justice. But that also requires a new strategic conception of its activity, a new legal basis, new approaches to normative, informational, resource and organizational assuarance. There is a need to revise the "tree of purposes" of criminal justice, content and coordination of the functions between the whole and parts of that system. All that can be done only on the basis of up-to-date scientifically substantiated theory of criminal policy.

Fourthly, the central place in the theory and practice of criminal policy is taken by the problem of its conceptual political, legal, methodological and organizational bases. At the same time in Russia no conception of criminal policy has yet been developed or accepted at the corresponding state level. Its absence, in its turn, gives rise to a number of other problems, including legal and normative regulation in prevention of crime, its planning and coordination of activity within the system of legal justice, as well as in the field of administration of justice. Considerable delay in their solution from the vital needs of real life is creating additional threat to the security of the individual, society and the state.

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