Philosophical-Legal Aspects Of Right On Punishment As A Basis Of Criminal-Legal System Of Ukraine

  • Yurii Baulin
Keywords: right on punishment, philosophy of criminal law


The process of receipt of objective knowledge about the criminally legal system consists in her scientific cognition. Punishment exists of yore and presents by a soba unity between a crime and punishment. A criminal justice comes forward as a necessary element of law and order, and consequently for an own ground needs neither absolute principles nor special social aims. Thus, the state has a right to punish because she can not exist without a criminal justice that (justice) is included in the self understanding of law and order. In other words, if there are a law and order, then there must be a criminal justice. A task of punitive activity is a question not only legal, how many social and political.
Under the legal system understand unity of corresponding to her components (parts) that by the conditioned method of association inter se (on rich in content and formal criteria) and that depending on their nature and character of connection between them (objective, natural or subjective, arbitrary), present stable organization relatively.
Priority of research of philosophical-legal aspect of right on punishment is conditioned by the aim of scientific cognition as a key form of knowledge, with the aim of opening of evolution of institute of right on punishment with forming (pointing) of reasons of origin, existence, increase and distribution of level of criminality in modern terms (criminally legal politics), research of influence of sense of justice and legal culture on this level.