1.
Criminal policy operates in a wider legislative borders than criminal
justice. Besides, legislative technologies for criminal policy are not the only means of
effecting the object.
2.
In the times of reforms and especially in the era of empire break down
legislation cannot work as a well adjusted mechanism. Old and new institutions work
simultaneously, legislative innovations leg behind life (may be they should not catch up),
not only social and cultural, but also financial, political, legal and even criminal
disintegration takes place, the Constitution is inconsistent, laws are often a
conglomerate of incompatible norms reflecting ideas of alien concepts. In these conditions
criminal justice system (as well as other social systems) and criminal policy cannot in
principle have unified and consistent legislation.
3.
Russian current legislation is not only consistent, it is often
unlawful. Criminal policy must be determined by legislation and become lawful.
