Constitutionalization of criminal law as a process

Relevance of the research. The adoption of the Constitution of the Russian Federation of 1993 and its renewal following the results of a nationwide vote in 2020 stimulates an important process of constitutionalization of branches of Russian law. Although in practical terms the state has already taken a number of significant steps to translate constitutional ideas and principles into criminal law, in theoretical terms, the process of constitutionalization has not yet become the subject of in-depth analysis. The very topic of constitutionalization of criminal law is frankly poorly represented in the bibliography. Purpose of the research. The purpose of the reserch is to theoretically analyze the dynamic aspect of constitutionalization as a process extended in time, taking into account its structural and functional characteristics, which allows to identify the main features of the mechanism for translating constitutional values into criminal law. Research results. The constitutionalization of criminal law is a controlled and purposeful process that, from the point of view of its structural and functional analysis, presumes the presence of a well-defined object of influence and subjects of constitutionalization. The analysis made it possible to establish that the object of constitutionalization in criminal law are the criminal rules, expressed in the penal code and other sources of law and applied (or subject to application) by the court; subjects of constitutionalization at different levels of functioning of state power are: parliament, courts of general jurisdiction and the Constitutional Court of the Russian Federation. Each of these subjects has its own capabilities and responsibilities in the constitutionalization of criminal law. The goal of the constitutionalization of criminal law should be recognized to achieve an optimal balance of the values of freedom and security in the process of combating crime.

Constitution, criminal law, constitutionalization of criminal law, mechanism of constitutionalization of criminal law, object of branch constitutionalization, subject of branch constitutionalization, goals of constitutionalization of criminal law