International treaties as sources of criminal law policy

Abstract

The article is devoted to considering the multifaceted approaches to the concept of the source base of criminal law policy, as well as its components, in particular, international treaties. The characteristics of the main approach to understanding the sources of criminal law policy are disclosed, in which the types of sources that are collectively the sources of criminal law policy are listed. It is indicated that the following stand out: the Constitution of Ukraine; Laws of Ukraine (primarily, the Criminal Code of Ukraine and other laws); subordinate legal acts, if they determine the conceptual approaches of the criminal law policy, or specific measures for its implementation; judicial precedent (Decisions of the ECHR regarding Ukraine, as well as decisions that contain the established legal position of the ECHR; Decisions of the Constitutional Court of Ukraine; Resolutions of the Plenum of the Supreme Court of Ukraine when they determine the general principles, directions and limits of application of substantive criminal law and when determining specific directions and limits of application criminal law, which defines responsibility for specific types of criminal acts; legal positions of the Supreme Court); International treaties ratified by Ukraine, which in one way or another affect the national criminal legislation. When characterizing international treaties as sources of criminal law policy, attention is focused on the fact that they can be conditionally divided into three groups: - those that define conceptual approaches to combating crime in general; - those that determine the grounds and limits of criminal liability for the commission of relevant types of crimes and require the issuance of national normative legal acts for their implementation; - those that determine the grounds and limits of criminal liability for the commission of relevant types of crimes and act directly.