МЕХАНІЗМ СТВОРЕННЯ ТА РЕАЛІЗАЦІЇ КРИМІНАЛЬНОГО ЗАКОНОДАВСТВА В МЕХАНІЗМІ КРИМІНАЛЬНО-ПРАВОВОГО РЕГУЛЮВАННЯ

Abstract

With regard to absence of thorough researches of mechanism of criminal legislation creation and implementation in theory of criminal law, and taking into account correlation of this category with criminal law and criminal-legal relations, the purpose of this article is to study the research the mechanism of creation and implementation of criminal legislation in mechanism of criminal law regulation. Taking into account the specifics of the topic, goals and outlined objectives, various general scientific, special-scientific and philosophical methods were used for an objective study of the subject and for formation of sound conclusions. Among them, in particular, systematic method was used in studying mechanism of criminal legislation creation and its implementation as a single integral phenomenon consisting of component elements; dogmatic method – to identify shortcomings and explore the possibilities for improving of structure of mechanism of criminal legislation creation and its implementation; logical-semantic – in the process of in-depth study of categorical-conceptual apparatus concerning the structure of this mechanism. In order to ensure the formation of new proposals (based on already existing in special literature) with regard to definition of structure of mechanism of criminal legislation creation and implementation, a method of generalization was applied. Scientific novelty. The article investigates the mechanism of creation and implementation of criminal legislation in mechanism of criminal and legal regulation. It is substantiated that the mechanism of creation and implementation of criminal legislation and mechanism of criminal and legal regulation are as part and whole. The concept of criminal and legal regulation (in broad and narrow sense), content, stages and forms of their realization are defined. Conclusions. It is determined that criminal and legal regulation should be considered as a process that covers both the creation of criminal legislation and its implementation. In a narrow sense, criminal and legal regulation can be reduced to the implementation of criminal legislation in form of compliance, enforcement, use and application of criminal and legal rules. It is proved that criminal legislation is created precisely to regulate social relations that arise in connection with commission of a crime or other socially dangerous act envisaged by the Criminal Code of Ukraine. It is justified that creation and implementation of criminal legislation should be considered as separate, though interrelated, but independent stages or levels of criminal and legal regulation. The initial stage of the mechanism of criminal and legal regulation of public relations is creation of criminal legislation, and the final is its implementation. It is argued that creation and implementation of criminal legislation should be recognized as certain components not only of criminal and legal regulation, but also as forms of implementation of criminal and legal policy, elements of mechanism of action of criminal law, components of criminal and legal practice, etc.