CHOICE OF CRIMINOLOGICAL MODALITIES AS A FACTOR OF FREQUENCY OF AMENDMENT TO THE CRIMINAL CODE AND PENITENTIARY CODE

The number of laws on amendments to the Criminal Code is significantly higher than in the Penitentiary Code, both for the entire existence of the codes and for each individual year. In this article we want verify, does this data indicate that the Criminal Code is amended more frequently than the Penitentiary Code: are the acts comparable by the period of their existence, their volume and object of regulation; are the units of observation correct? Also, objective of this article is to find the reasons of such difference. On the base of generalization of information about quantity and content of legal acts, adopted in 2018–2022, author conclude that the difference between frequency of amendment to codes is a real fact. It is determined by the characteristics of rules, but not the properties of relations. This difference is determined principally by amendments to the Special part of the Criminal Code and it specific. The reason of this situation is the choice of the different fundamental criminological modalities for each of the codes. The classical school and the modality of retribution are fundament of the Criminal Code, and the Penitentiary Code is based on the positive school.