Lawmaking in the field of criminal law: towards the problem of understanding

Abstract

The article is devoted to the study of the understanding of the concept of lawmaking in the field of criminal law of Ukraine. The author establishes that such lawmaking should be primarily based on the general theoretical concept of the relevant concept. The author determines the correlation between rulemaking and lawmaking. Rulemaking is inherent mainly in the activities of individual bodies of the State, and lawmaking is the activity of the State as a whole, as well as of all its competent bodies. Rulemaking is a broader concept than lawmaking, which is a type of rulemaking and is the final stage of the formation of legal norms - lawmaking, in the process of which legal ideas for the regulation of social relations are embodied in the modern legal reality in the form of normative legal documents adopted by the state. The main criterion for distinguishing between the concepts of “rulemaking” and “lawmaking” is the end result of each of these processes: for lawmaking, the result of its implementation is the emergence of legal norms, and the end result of rulemaking is the adoption of regulatory legal acts. The author establishes that law-making in the field of criminal law is characterized by specific features which reflect the specifics of the criminal law regulation mechanism and determine its focus. The purpose of law-making in the field of criminal law is to realize the possibilities of criminal law policy through special legislative techniques of constructing criminal law prohibitions, and this is realized by achieving the following main tasks 1) theoretical modeling of future criminal law provisions, which can be carried out both at the level of doctrinal knowledge and in the course of rulemaking in the field of criminal law; 2) construction of criminal law provisions in compliance with the rules and requirements for the legislative process in Ukraine; 3) use of the created models in the mechanism of criminal law regulation; 4) development of optimal options for optimization and modernization of a criminal law provision with due regard for possible changes in criminal law policy.