METHODOLOGY OF DETERMINATION OF THE CRIMINAL NORM’S CONTENT BY THE CONSTITUTIONAL COURT OF UKRAINE
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 4, Issue
Abstract
In the article author analyses the urgent criminal law issue of the interpretation of criminal norms by the CCU. With regard to the legal provisions on the grounds for the constitutional application or submission and the analysis of the CCU practice, criminal norms that can be objects of the normative interpretation by the CCU only if several possible variants of this norm’s interpretation correspond with the Criminal Code of Ukraine and Ukrainian Constitution. In such cases two or more variants of the criminal norm’s interpretation can be viewed as veritable and the CCU should choose one of them to be compulsory. The criterion of such choice is law or, in order to be more specific, those phenomena that are deemed to be law by judges of the CCU. Natural law theories have advantage over positive ones as a criterion for the choice of the result of criminal norm’s interpretation by the CCU. Natural law theories render law as the objectively existing category rather than as a legislator’s product. They can provide the CCU with the instruments to react to the legal self-will of the legislator and not to tolerate the criminal law that formally correlates with the legality principle but is unlawful by its essence. The analysis of the CCU practice provides the evidence for the absence of the sole methodological approach to the interpretation of criminal norms. It is assumed that the result of such interpretation type depends on the value outlook of CCU judges.
Authors and Affiliations
О. І. Денькович
Keywords
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