Structure of Mechanism of Implementation of Criminal Legislation

  • V. Babanina

    Ph.D in Law, Associate Professor, Doctoral Student of the Scientific Laboratory on the Problems of Crime Investigation of the Educational and Research Institute No. 1 of the National Academy of Internal Affairs, Kyiv, Ukraine
DOI: https://doi.org/10.33270/01191112.81

Abstract

Due to the lack of thoroughly conducted research in theory of criminal law regarding the structure of mechanism for implementation of criminal legislation, as well as the connection of this category with criminal legal regulation and criminal legal relations, the purpose of this article is to study the conceptual framework of mechanism of implementation of criminal legislation. Methodology. Taking into account the specifics of the topic, goals and outlined objectives of the study, various general scientific, special-scientific and philosophical methods were used to ensure an objective study of the subject and development of ground-based conclusions. Among them, in particular, the systemic that was used in the study of mechanism of implementation of criminal legislation as a single integral phenomenon, consisting of individual components of the elements; dogmatic – was used to identify shortcomings and explore the possibilities of improving the structure of the mechanism for the implementation of criminal law; logical-semantic – was significant in the process of in-depth study of categorical-conceptual apparatus regarding the structure of mechanism for implementation of criminal legislation. In order to ensure the formation of new proposals based on opinions presented in the special literature on the definition of structure of mechanism for the implementation of criminal legislation, method of generalization was applied. Using these methods, the structure of mechanism of implementation of criminal legislation has been considered.
Scientific novelty. It was stated that mechanism of implementation of criminal legislation should include the following elements: 1) subjects of implementation, their rights and obligations enshrined in criminal law; legal consciousness, legal culture, experience, skills; 2) forms of implementation; 3) results of implementation (consequences of implementation); 4) implementation procedure. It is proved that mechanism for the implementation of criminal legislation should be considered in statics (as a system of these elements) and in dynamics (as an interaction of these elements). Conclusions. It is justified that mechanism for implementation of criminal legislation is a peculiar system of objective and subjective elements. The subject of implementation of criminal legislation is understood as a person who embodies criminal legal norms in life. The subjective side of implementation of criminal legislation is the legal culture, experience, sense of justice of the abovementioned subjects. Rights and obligations of subjects must be recognized as object of implementation of criminal legislation; in is contained in criminal legal norms. The objective side of implementation of criminal legislation primarily covers its forms – compliance, use, enforcement, application. It also includes the consequences of implementation of criminal legislation.

Keywords: criminal legislation; realization; mechanism; criminal responsibility; criminal legal regulation; criminal legal norm; criminal legal relations.

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Author Biography

V. Babanina

Ph.D in Law, Associate Professor, Doctoral Student of the Scientific Laboratory on the Problems of Crime Investigation of the Educational and Research Institute No. 1 of the National Academy of Internal Affairs, Kyiv, Ukraine


Abstract views: 230
PDF Downloads: 132
Published
2019-05-28
How to Cite
[1]
Babanina , V. 2019. Structure of Mechanism of Implementation of Criminal Legislation. Scientific Herald of the National Academy of Internal Affairs. 111, 2 (May 2019), 81-86. DOI:https://doi.org/10.33270/01191112.81.
Issue
Vol 111 No 2 (2019)
Section
Legal regulation of law enforcement
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