Functions of criminal law axioms in law-making activities

Abstract

The article analyzes the functions of criminal law axioms in law-making activity, on the basis of which such functions as: social, regulatory, evaluative, of stimulating law-making activity, compensatory, epistemological and aesthetic are distinguished functions. Each of them are revealed and justified. In particular, it is concluded that the social function of criminal law axioms underlies the idea of social justice, equality of all before the law, responsibility and humanism; the regulatory function manifests itself both in achieving the necessary law-making result in the form of the adoption of legal acts, and in the establishment of certain prohibitions, duties and regulations; with the help of the evaluation function, a study of a specific legal phenomenon, an event that may be embedded in a certain norm; the function of stimulating law-making activity motivates the legislator to create and change legal norms; the compensation function allows you to fill in the gap by applying an analogy; the epistemological function is manifested in the fact that with its help a certain doubt is allowed, without which the process of cognition is impossible; the aesthetic function is to give the axiom a logically constructed, meaningful and complete form. Examples of the implementation of the functions of specific criminal law axioms are given and the opinions of various authors on this issue are analyzed. At the end of the article, relevant conclusions are drawn based on the results of the study.