Open AccessLEGAL ENFORCEMENT DECRIMINALIZATION IN THE CONTEXT OF ECONOMY OF CRIMINAL IMPACT MEASURES: CONCEPT, SIGNS AND IMPLEMENTATION PROBLEMS
Author(s) -
А. В. Ковальчук
Publication year - 2021
Publication title -
vestnik polockogo gosudarstvennogo universiteta. seriâ d. èkonomičeskie i ûridičeskie nauki
Language(s) - English
Resource type - Journals
eISSN - 2710-1916
pISSN - 2070-1632
DOI - 10.52928/2070-1632-2021-56-5-120-130
Subject(s) - decriminalization , criminal law , legislation , enforcement , law enforcement , legislature , law , political science , context (archaeology) , business , law and economics , economics , geography , archaeology
The article examines decriminalization, which is a method of criminal law policy. The author substantiates the division of decriminalization according to the forms of its implementation into legislative and law enforcement. The legal nature of law enforcement decriminalization is analyzed. On the basis of the features identified by the author, its concept is formulated. The problems of the implementation of law enforcement decriminalization associated with the interpretation of evaluative features, the presence of legislative problems expressed in the intersectoral inconsistency of criminal and administrative legislation, as well as the formulation of qualifying signs of individual offenses that are not related to the commission of an act that forms the main body of these crimes are noted. Based on the study, analysis of legislation and theoretical views, a conclusion is made about the existence of a legislative basis for law enforcement decriminalization, it is argued that the phenomenon under study is one of the most important components of the law enforcement economy of criminal law impact, contributing to the implementation of the principle of fairness of criminal law and criminal liability.