Definition of the Criminal Legislation and its Correlation with Criminal Law
Abstract
Based on sound evaluation of scientific points of view in criminal law doctrine the definition of criminal law, criminal legislation and law of crime has been given. Most prominent features to identify correlation of criminal law as field of law and criminal legislation have been pointed out. It was determined that criminal law should be envisaged as system of general effect, formally determined (statuary) rules of behavior which are ensured, guaranteed and protected by state, dealt with providing of public relations protection from criminal offences as well as with regulation of public relations arise with regard to crime committing. Criminal law is defined as law of crime form of existence expressed in regulatory acts of higher juridical force adopted by highest legislative body of power according to relevant procedure and dealt with public relations protection from criminal offences as well as with regulation of public relations arise with regard to crime committing. Criminal legislation consists of Constitution of Ukraine, Criminal code of Ukraine and other legal acts with general effect by parliament consent which dealt with public relations protection from criminal offences as well as with regulation of public relations arise with regard to crime committing. Criminal law and criminal legislation are in correlation as relevant rule of behavior with relevant form of such rule expression (existence). It is possible to imagine a correlation of criminal law and criminal legislation as an interrelationship between a system of forms of criminal law existence expressed in regulatory acts of higher juridical force and a separate form of law of crime existence expressed in regulatory act of higher juridical force adopted by highest legislative body of power according to relevant procedure. Correlation of criminal law and criminal legislation is a correlation of formally (statuary) rules of behavior adopted by state with general effect and could be guaranteed by state power with system of forms of law resulting in existence of regulatory acts of higher juridical force.
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