Open AccessPrinciples of decriminalization of criminal law prohibitions
Author(s) -
N.O. Pustova
Publication year - 2021
Publication title -
naukovij vìsnik užgorodsʹkogo nacìonalʹnogo unìversitetu. serìâ pravo
Language(s) - English
Resource type - Journals
eISSN - 2664-6153
pISSN - 2307-3322
DOI - 10.24144/2307-3322.2021.65.51
Subject(s) - decriminalization , criminal law , law , harm , political science , legislation , law and economics , business , economics
The article deals with the principles of decriminalization of measures of criminal law influence based on a comprehensive system analysis. It is noted that the main direction of criminal law policy is the decriminalization of acts that determine the object of such policy influence. The principle of sufficient social danger implies that the act causes significant harm to the public interest. The principle of the possibility of a positive impact of non-criminal law prohibitions on human behavior involves settling the issue of effective counteraction to the act. The principle of the relative prevalence of acts to be decriminalized emphasizes the need to take into account their individual nature when establishing legal liability for acts. The principle of the predominance of positive consequences in decrim-inalization is especially relevant for economic activity. The principle of timeliness of decriminalization means its implementation at the time of its occurrence, when the act does not pose a social danger, which implies the harmfulness of belated decriminalization.The essence of decriminalization is expressed in the legislation through the principles of law – thus ensuring the formation of the legal law, which means an officially recognized, binding legal act, which is based on the principles of law as rules applicable to the regulation of specific social relations. Decriminalization should be carried out in accordance with systemic principles. If necessary, this is supplemented by the construction of optimal models. This approach to the problem is due to the need to create an appropriate law-making mechanism that would avoid mistakes in reforming criminal law. The principles of decriminalization form a complex system, where one principle is based on the content of another. The fundamental principle of decriminalization is the principle of the rule of human rights and freedoms, which is concretized in general principles as the presumption of innocence, justice.