The Interrelation Of Methods And Functions Of Criminal Law Policy

Abstract

Based on the fact that the policy in the field of crime control is a system-forming criterion for the formation and implementation of its subsystems (criminal policy, criminal procedure policy, criminal executive and criminological (preventive) policy) it is advisable to distinguish general methods and private (special) methods. Moreover, general methods are characteristic of the entire system of policy in the fight against crime, and private (special) methods are used within its subsystems to solve specific problems of a special nature.

A multifaceted approach to the correct choice and application of the relevant method to solve the problem in the implementation of a specific function of criminal law policy can lead to the latest trend in criminal law policy - evidence-based criminal law policy. The study argues that the evidentiary criminal policy should 1) consider suitable for the strategy of criminal law crime and 2) allow the introduction of criminal law only if the effectiveness of such implementation is proven by domestic or foreign practice, scientifically based doctrinal research, etc.). It is noted that the evidentiary algorithm should be based on the interaction of all constructive elements of criminal law policy: 1) clearly defined tasks aimed at achieving more general goals of criminal law policy; 2) selection and application of relevant methods of criminal law policy in the process of implementing specific functions aimed at solving a particular problem; 3) compliance with the functional principles of criminal law policy.