Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Implementation of Some Principles of Criminal Law in the Criminal Legislation of CIS Countries and Worldwide

Author(s): Olena Oliinyk, Tatarov Oleh, Matsiuk Volodymyr, Vashchuk Olesia, Danylevskyi Andrii

Description: The purpose of the article is to investigate the concept of the principles of criminal law and their implementation in legal acts of an international and national character. Methodology. Research methods are chosen based on the object, subject and purpose of the study. The study used general scientific and special methods of legal science. Thus, the analysis and synthesis method as well as the logical method were used to formulate a holistic view on the main principles of criminal law. The logical-semantic method was used to establish the meaning of the concepts of “principles”, “equity”, “justice”, “legality” and “humanism”. The comparative method was used when analyzing legal acts, which enshrine the main principles of criminal law, in different countries. The legal modeling method was applied to draw conclusions and to develop proposals in order for the legislator to determine the place of principles in the legal system of each State. Based on the results of the study, the authors state that nowadays there is no consensus in the scientific literature on whether or not to consolidate the principles as such in the law itself. Different States have chosen various methods to solve this issue. Practical Implications. The article examines the essence and implementation of such basic principles of law as the principle of legality, the principle of equality of citizens before the law, the principle of humanism, and the principle of justice in the legislation of various States. The authors conclude that it is the legislator, who must determine the place of the principles in the legal system of each State, guided, first of all, by the interests of the society, which it represents, and by the trends and objective conditions, in which all these factors lie. Value/Originality. It is proved that principles are dynamic phenomenon, i.e. they are subject to changes under the influence of external and internal factors; at the same time, principles as a legal phenomenon have a more stable form of living than the other legal norms.