Significance of Some Legal Principles at the Stage of Creation of Criminal Legislation
Abstract
The modern scientists’ approaches to the question of importance of some principles of criminal law at the stage of the creation of criminal legislation are studied. The article substantiates the provision that all principles of criminal law are closely interrelated, the exclusion of one of them leads to a violation of the functioning of the entire criminal justice system. Particular attention is given to such principles as justice, stability and dynamic development. The idea of the appropriateness of consolidating the principles in certain articles of the Criminal Code of Ukraine is supported. All the principles of criminal law are at the core of criminal law-making and criminal law enforcement, therefore their compliance with criminal law should be considered on two main levels – law-making and the use of punishment or other criminal-legal measures. It is proved that criminal legislation requires a thorough and system monitoring as well as a comprehensive study of its improvement. The analysis of the changes introduced into criminal legislation and the preconditions for their adoption allows to distinguish several factors that influenced the legislator, in particular: 1) the legislatorʼs desire to fill the gaps in criminal legal regulation and to protect public relations violated in the course of law enforcement; 2) the adopted changes reflect excessive expectations of criminal legislation as a mean of solving social conflicts, ignoring the regulatory capacity of other branches of law; 3) it is not uncommon that the changes introduced are aimed at strengthening the sanctions of current criminal legislation. The authorʼs vision is that the appearance of a number of bills is dictated less as by urgent need to bring the legislation on criminal responsibility in line with the requirements of rapidly changing living conditions of modern society and the state, than as a desire to respond to each more or less «resonance» event or a case by creating a new norm of the Criminal Code. It seems that the legislator tries to solve the overwhelming majority of those difficult life situations that arise primarily due to the volatile socio-economic situation in the country by the simplest and at the same time hardly effective way – through measures of criminal legal repression. It is proved that the situation with legislative changes is in no small measure due to the shortcomings in the mechanism of drafting, discussion and adoption of legislative acts, which amend the Criminal Code of Ukraine. It is considered expedient to undertake an in-depth study of the entire mechanism for the adoption of criminal legislation and to develop substantiated proposals based on real scientifically proved grounds (with a harmonious combination of principles of justice, stability and dynamism) on all stages of elaboration and adoption of the law. In this regard, it is important to have a rational balance between dynamism, stability and justice, not only during the implementation of criminal legislation, but also at the time of its creation.
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