The article discusses current problems of ensuring the humanity of the law enforcement system and the humanistic orientation of its activities. The author substantiates the point of view that criminal legislation must be constitutional, and its constitutionality is not obvious; positive criminal legal regulation needs to be constitutionalized. The practice of the Constitutional Court of the Russian Federation demonstrates fragmentary legislative defects and, consequently, the constitutional illegality of the criminal legal regulation of certain social relations, as well as the law enforcement practice emerging on the basis of this. At the same time, the degree of latency of this kind of constitutional and legal torts has not yet been fully assessed and requires, at a minimum, careful scientific analysis and broad, transparent, public and critically oriented public discussion.
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