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Proceedings of the National Academy of Sciences of Belarus, Humanitarian Series

Proceedings of the National Academy of Sciences of Belarus, Humanitarian Series

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Theoretical and applied problems of building a general system of delictology (penology)

https://doi.org/10.29235/2524-2369-2026-71-4-332-342

Abstract

The article is devoted to the conceptual and applied problems of the formation of general delictology as an integrative interdisciplinary science, the subject of which is all types of offenses – crimes, administrative torts, civil law violations, and disciplinary offenses – in their interrelation, interdependence, and systemic unity. The relevance of creating a unified theoretical platform is substantiated, which allows overcoming the established interdisciplinary and sectoral barriers that traditionally hinder a holistic understanding of the phenomenon of illegal behavior. The paper systematizes the main factors that hinder the development of general delictology: the heterogeneity of the legal nature of torts, which stems from the differences in the goals, principles, and methods of sectoral regulation; the lack of a unified conceptual framework, which makes scientific integration and comparative research difficult; and the insufficient development of the general theoretical foundations of delictology in jurisprudence, as well as the fragmentary nature of empirical studies that take into account the intersections of various types of offenses, etc. A special place in the article is occupied by a comparative analysis of administrative delictology and criminology, which identifies the criteria for distinguishing and points of contact between these areas, as well as examines the problem of measuring the degree of public danger of various types of torts. The article analyzes the theory of polymorphism of offenses, which offers multidimensional classifications of torts, and the concepts of typification and individualization of the processes of tort, including criminalization, decriminalization, penalization and depenalization. Special attention is paid to the methodological aspects of measuring the degree of public danger of acts, the issues of differentiating the type and amount of punishment (penalty), and the problems of defining and quantifying punishability as a key element of the effectiveness of legal response.

About the Authors

A. V. Dzenisevich
Belarusian State University
Belarus

Aleksandr V. Dzenisevich – D. Sc. (Law), Associate Professor, Professor of the Department of Constitutional Law, Faculty of Law

8 Leningradskaya Str., Minsk 220006



A. S. Valevko
Euphrosyne Polotskaya State University of Polotsk
Belarus

Alexandra S. Valevko – MA (Law), Senior Lecturer, Department of Constitutional and Criminal Law, Faculty of Law

30 Blohina Str., Novopolotsk 220072 



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