Systematization Of Functions Of Criminal Law Policy
DOI:
https://doi.org/10.15330/apiclu.52.22-30Keywords:
functions of state policy, policy in the field of counteraction to crime, functions of criminal law policy, formative functions, implementation functions, service functions.Abstract
The author argues that the policy in the field of combating crime as a component of state legal policy ensures the implementation of certain functions on the basis of the relevant principles. Anti-crime policy performs a number of functions inherent in politics in general. In particular, the integrative function ensures the unity, integrity and stability of society.
The managerial and regulatory function is that the policy expresses the socially significant interests of all segments of society by defining specific goals and objectives of the relevant bodies. The function of rationalization forms the tactical and strategic goals of society, determines effective methods of their implementation. The function of innovation is to respond to anti-crime policies to new forms of social life using appropriate dynamic methods and techniques. The function of resource mobilization ensures the use of appropriate efforts to address the tasks assigned to the studied policy area (and, accordingly, the effectiveness of policy implementation in the field of combating crime in general).
The human rights function is aimed at criminal law protection of human rights and freedoms. The function of political socialization «includes» people, public organizations in the world of criminal law regulation and protection, giving them various opportunities to influence the implementation of criminal law policy.
The author points to the survival of the following formative (incoming) functions of criminal law policy: 1) the function of forming a request; 2) the function of determining resources. Among the implementation («initial») functions of criminal law policy should be noted: 1) rule-making function, 2) rule-making function, 3) control function.
Service functions are: 1) interpretive function; 2) information and communication function.