GENERAL CHARACTERISTICS OF CRIMINAL-LEGAL IDEOLOGY FUNCTIONS
Journal Title: «Приватне та публічне право» - Year 2018, Vol 3, Issue
Abstract
Functions of criminal-legal ideology are: on the general human level – epistemological, ontological, informational, hermeneutical, prognostic, axiological, orientation, regulatory, integrative (mobilizing and consolidating), cognitive functions; at the legal level – the function of the legitimacy of power; at the criminal law level - a protective function. Epistemological function means that due to the criminal-law ideology the criminal law and practice of its realization is known. An ontological function means that criminal-law ideology reflects the fundamental goals, tasks, functions and principles that determine the existence and development of criminal law. The information function means that the criminal-law ideology informs the public about the crimes and punishments imposed by the state. Hermeneutic function means that criminal-law ideology facilitates the process of understanding and interpreting the text of a criminal law. The prognostic function means that with the help of criminal-legal ideology, one can justify the idea of a possible embodiment of certain legal ideals in the future. Axiological function – the criminal-law ideology on the one hand reflects, on the other hand creates a system of values that matter to the individual, society, state, international community and all mankind; - orientation function – the criminal-law ideology is oriented towards the achievement of high ideals capable of ensuring the security of the individual, society, and the state; - regulatory function – acting as the basis of the relations between different subjects of ideological influence, criminal-law ideology involves changes and development of the system; - integrative (mobilization and consolidating) function – a criminal-legal ideology, uniting society around the idea of intolerance to commit crimes, causes the desire to mobilize and consolidate society against the criminal world; - cognitive function – influencing the visual and spatial perception of the surrounding reality criminal law ideology promotes self-identification of a person with a certain social group, society as a whole and the state. The function of the legitimacy of power means that, while exercising a guard function, criminal law helps the state to fulfill its most important functions and responsibilities – to protect the sovereignty and territorial integrity of Ukraine, to ensure its economic and informational security, to confirm that the person, his life and health, honor and dignity, inviolability and security are recognized in Ukraine as the highest social value. The protective function means that, by creating an idea of the guard function of criminal law, ideology propagates the idea of intolerance to various types of crimes, the justice and effectiveness of the criminal law. Thus, it affects the sense of security of people, helps to understand how to use the criminal law to protect their own interests. Helping to overcome fear of crime, the criminal-law ideology performs a protective function.
Authors and Affiliations
Ю. Ю. Коломієць
Keywords
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