EU Criminal Law Policy And Its «Reflection» In The Work Of The Domestic Legislator

Abstract

The article is devoted to the analysis of initiatives of the national parliament, conditioned by the general desire of the legislator to bring the national criminal law closer to the requirements and standards of international conventions ratified by the Verkhovna Rada of Ukraine, as well as other normative documents. The need to implement international law in the field of criminal law, which, however, must correspond to the rule of avoiding cases of «mechanistic» borrowing of international experience, without taking into account the peculiarities and requirements of domestic legal doctrine, which has been formed for decades.

The critical state of the current criminal law policy of Ukraine, the inefficiency of the criminal law influence, the inconsistency of the legislator and his hasty decisions, the strengthening of the punitive component of punishment, the lack of criminological analysis of the surrounding reality and adequate assessment of public danger.

Based on the results of the study of the field of criminal law, a conclusion was formulated that the parliament did not fully take into account relevant criminological information on crime parameters, which negatively affects the quality of criminal liability law and, consequently, criminal law policy in general. It has been proven that most modern parliamentary initiatives are aimed at expanding the scope of criminal law and strengthening criminal liability.

Based on specific examples, the emphasis is on the «price» for society of those legislative changes dictated by political expediency and considerations, rather than requirements to improve criminal law in view of the needs of law enforcement practice or approximation of criminal law to European standards.