Features of the implementation of the principles of criminal law during the establishment of liability in the example of Art. 159-1 CC
Journal Title: Правова позиція - Year 2017, Vol 2, Issue
Abstract
The Constitution of most European countries provides for the democratic, legal construction of the state. Ukraine is also an exception, where in Article 1 of the Constitution of Ukraine it is established that the latter is a law-governed state. Hence the need to consolidate the legal system and embodiment of the legal relationships of the respective values and ideals. However, today the current legislation and practice of its application do not possess the level of stability and coherence necessary for the formation of the perfect legal basis for the development of a law-governed state. The theory of law among other legal means distinguishes the principles of law, which in a legal form reflect the guiding ideas of the relevant branch or law as a whole, constitute the general principles of the mechanism of legal regulation. For criminal law, sectoral principles play an extremely important role, since they generalize the basic tendencies of the genesis of legal norms in the field of crime and punishment. The current legislation of Ukraine establishes the following principles: the legality (Article 3 of the Criminal Code of Ukraine), equality of citizens before the law (Article 24 of the Constitution of Ukraine), fault (Article 2 of the Criminal Code of Ukraine), justice (Article 6 of the Criminal Code of Ukraine), humanism, inevitability, etc. We consider it expedient to consider in more detail some of the above principles. As a result of the criminal legal analysis of the content of the principles of criminal law in relation to the norm of Art. 159-1 of the Criminal Code of Ukraine, the following conclusions can be drawn. First, it should be noted that the requirements established by the principles of criminal law are not adequately respected in accordance with Article 159-1 of the Criminal Code of Ukraine. This is due to the fact that the specified norm needs to be substantially refined by conducting criminal legal analysis. Secondly, the peculiarity of the implementation of the principles of criminal law in establishing criminal liability for violation of the procedure for financing the election campaign of a candidate, an electoral association is that: – the mechanism of legal regulation 159-1 of the Criminal Code of Ukraine is constructed in such a way that its criminal law, is based on the content of the rules established in other regulatory legal acts, which, in turn, is in conflict with those established in Art. 2 of the Criminal Code of Ukraine the principle of legality; – the application of criminal liability for guilty persons who violated the procedure for financing elections is not always possible, due to the presence of immunities in this category, which is in contradiction with the principle of equality of citizens before the law established in the Criminal Code of Ukraine. In view of the above, it should be noted that in the aggregate, all the above-stated principles of criminal law, subject to their observance, are capable of ensuring the proper practical application of the law, including the prevention of the commission of election crimes
Authors and Affiliations
Т. С. Батраченко
Keywords
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