Conditions and principles of criminalization as a method of criminal law policy


  • O.V. Ostrohliad


criminal law policy, method of criminal law policy, criminalization, condition of criminalization, principle of criminalization


Based on the theoretical analysis of the main approaches to the understanding of the concepts of «method of criminal law policy», «criminalization» and their basic characteristics, the concept of «conditions» and «principles» of criminalization is defined in this paper, and their content is established. Accordingly, the method of implementing criminal law policy is a system of techniques for practical implementation, implementation of criminal law policy. Criminalization, as a method of implementing criminal law policy, is considered in the scientific literature as a process of identifying socially dangerous behavior, as well as as a result of this process, i.e. classifying actions as crimes. On the basis of logical-semantic and comparative-legal methods, it was established that the conditions of criminalization are the necessary circumstances that enable the implementation of criminalization, provide for the possibility of combating certain undesirable behavior by criminal-legal means; the principles of criminalization are the initial provisions of its implementation. The principles of criminalization include: non-excessive criminal law prohibition; definition and unity of terminology; timeliness. It also seems promising to study other characteristics of criminalization as a method of criminal law policy, such as: grounds, criteria, methods, etc., as well as highlighting other problematic characteristics of this and other methods.