CONCEPT AND LEGAL NATURE OF PRINCIPLES OF PENAL POLICY OF UKRAINE
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 4, Issue
Abstract
The article is devoted to the definition of the concept of principles of penal policy of Ukraine and the investigation of their legal nature. Principles – are the main ideas characterized by versatility, general significance, reflecting higher imperative and significant the theory, teaching, science, internal and international law, political, government or non-governmental organization. In the literature, the term «principles of penal law» understood theoretically proved the main provisions of which are caused by objective laws implementing penalty, express the essence of the penal activities to implement restrictions on rights peculiar punishment (irrespective of coercive measures) and are manifested in the execution-serving any and all penalties. Content principles of penal policy does not coincide with the content of the principles of penal law, so these concepts are not identical. The principles of penal policy is primary in relation to the principles of penal law, as the principles of penal law will serve as a (external) reflect the principles of penal policy. Second, the term «principles of penal policy» is broader in meaning than the term «principles of penal law», because not all policy principles are reflected in regulations as the main source of penal law and penal policy. The principles of penal policy can be provided and other documents. Thirdly, the principles of penal policy determine not only the nature of penal legislation, but also affect the implementation process, serving sentences. The principles of penal policy, together with the principles of penal policy, criminal and criminological policy will form a coherent structure – the system of principles of policy in the fight against crime, where each substructure both independent and interconnected with other elements. The principles of penal policy Ukraine should call the guiding idea, the provisions on which the activity is being implemented in the Ukrainian state penitentiary. For further effective implementation of penal policy and in particular policy in the fight against crime in general must define policy principles in the fight against crime in law.
Authors and Affiliations
Ю. В. Кернякевич-Танасійчук
Keywords
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