ДО ПИТАННЯ КЛАСИФІКАЦІЇ ПРИНЦИПІВ КРИМІНАЛЬНО-ВИКОНАВЧОГО ПРАВА

Abstract

The article is devoted to the definition of the classification of principles of criminal executive law. The article presents the views and positions of leading domestic scientists on this issue. Scientific concepts on the perception of the factor of systematics of the principles of criminal executive law as one of the key elements of the current branch of criminal executive law are analyzed. The focus is on the key elements of the system of principles of criminal executive law and existing theoretical concepts on this issue. Scientific positions on the quantitative and qualitative component of the system of principles of criminal executive law are given. The article draws attention to the fact that the quantitative criterion of principles is one of the debatable issues among scholars, most of whom tend to the "triad" of principles of criminal executive law, which consists of common law, intersectoral and sectoral principles. The article expresses the author's view on the mandatory consideration of the category of common law principles in the system of principles of criminal executive law as one of the key ones. It is proved that the leading role of these principles is determined by their essential characteristics, which reflect the natural and legal nature of common law principles. This circumstance, in turn, has a decisive influence on the entire legal system of the state. The author's opinion on the synonymous meaning of the categories "principles of law" and "legal principles" is expressed in the article. The scientific position on the existence of both institutions and sub-institutions within the framework of criminal executive law is supported. The author's point of view on the quantitative and qualitative composition of the system of principles of criminal executive law is expressed within the article. It has been proven that the system of these principles should have five key elements. Which include the following principles: common law, intersectoral, sectoral, institutional, subinstitutional.