Abstract
The purpose of the article is to analyze the criminal law principles in the fight against crime, to introduce a distinction between them and general principles of the State. The subject of the study is the criminal law principles in the fight against crime. Methodology. The following methods were used to achieve the goal of the Article: formal logic; description; historical and legal; comparative law; dogmatic. Results of the research. The paper analyzes and criticizes the criminal law principles in the fight against crime. Their essence and significance in the general context of combating crime are highlighted. Each principle is analyzed separately in the context of their relationship with the general principles of criminal law policy of the State. Practical meaning. It is proposed not to consider the principle of justice as criminal law one, but to place it within the framework of general philosophical principles and categories such as kindness, decency, humanism, humanity, honesty, etc. Value / originality. It is confirmed that the law on criminal liability must be fair, and therefore effective, which stems from the very matter of justice as a socio-philosophical category.
Highlights
Criminal law principles are a kind of foundation of State’s criminal law policy in the fight against crime. They reflect the tasks of the State in this area, but are important for legislative activity. These principles are a kind of regulator and benchmark for law enforcement as well
Criminal law principles are the link between forensic activity and the whole set of norms of legislation on criminal liability
Any criminal law norm contains an element of justice by its legal nature, as it arises for the settlement of relevant social relations
Summary
Criminal law principles are a kind of foundation of State’s criminal law policy in the fight against crime. They reflect the tasks of the State in this area, but are important for legislative activity. These principles are a kind of regulator and benchmark for law enforcement as well. Can the principles of criminal law policy fully cover the criminal law principles in the area of fighting crime? Two categories of principles reflect their legal nature, the search for selection criteria, formulate the guidelines of public policy, and reveal their content and meaning of existence Can the principles of criminal law policy fully cover the criminal law principles in the area of fighting crime? Two categories of principles reflect their legal nature, the search for selection criteria, formulate the guidelines of public policy, and reveal their content and meaning of existence
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