Development trends of the institute of insignificance of an act in the criminal law of Russia

the institute of insignificance of an act is a fundamental element of differentiation of criminal liability, ensuring implementation of the principle of justice and economy of criminal repression. The research problem lies in the contradiction between expansion of formal crime compositions and stability of the evaluative norm on insignificance, hindering uniformity of law enforcement. The work uses general scientific and special legal methods: historical and comparative legal for analyzing legislative evolution; formal-legal for studying normative terminology; systemic for examining the institute in the criminal-legal system context. Four development stages identified: from absence of legislative consolidation (1922) through procedural (1925) and substantive consolidation (1926) to transition to a single criterion of absence of public danger with expansion of judicial discretion (1960, 1996). The transformation from a mechanism for protecting public interests to a universal instrument for balancing individual, societal and state interests has been determined. Modern trends established: expanded application amid increase in formal compositions, specification of criteria through judicial practice, proceduralization and strengthening of individualization mechanisms.

institute of insignificance, public danger, evolution of criminal law, criteria of insignificance, law enforcement practice