Changes in the Interpretation of the Criminal Law by the Supreme Court of the Russian Federation: Factors, Consequences, Risks

Problem statement. The problems of the evolutionary interpretation of the criminal law in the scientific literature are practically not given attention. At the same time, the practice of significantly correcting the interpretative positions of the Supreme Court of the Russian Federation forces us to conceptualize this problem as an independent object of scientific analysis.

Aims and objectives of the research. The purpose of the work is to develop the theory of interpretation of the criminal law by analyzing the factors influencing the change in the position of the highest court on the interpretation of the criminal law, as well as by investigating the mechanisms necessary to deter dynamic interpretation.

Methods. The work is based primarily on the use of a documentary method of researching materials of judicial practice and a critical analysis of scientific literature.

Results. Based on the study of the materials of the practice of the Constitutional Court of the Russian Federation, practice-forming documents of the Supreme Court of the Russian Federation, current judicial practice and scientific sources, the following are presented: (a) factors influencing the dynamics of the position of the Supreme Court of the Russian Federation on the interpretation of criminal law; (b) factors allowing to predict changes in the dynamics of the legal position; (c) risks arising in connection with changes in acts of interpretation.

Brief conclusions. The dynamics of the legal interpretation positions of the Supreme Court of the Russian Federation is influenced by at least four groups of factors: the constitutional and legal meaning of criminal law regulations identified by the Constitutional Court of the Russian Federation; changes in the socio-political course implemented in the country; the needs of law enforcement practice changing under the influence of new criminal challenges; the development of scientific ideas about the content of criminal law. These factors, acting individually or together, may determine a change in the approach of the highest court to understanding the criminal law. However, such changes, no matter how necessary they are, must have an important quality of predictability so that the dynamics of the interpretation of the law does not undermine the beginning of stability of criminal law regulation. The risks of instability of legal regulation when changing the interpretation of the law must be overcome by a reliable monitoring and forecasting system so that these changes contribute to the development of law and the effective achievement of the objectives of the criminal law.