Actual Problems Of The Criminal-Legal Policy Of Modern Ukraine

  • P.L. Fris
Keywords: criminal-law policy, modeling of criminal-legal policy .


The existing state of criminal law protection (the amount of criminalization) carried out by the norms of the Criminal Code of Ukraine clearly indicates its non­compliance with the specified criteria, that is, it is inappropriate. The legislator criminalises acts, without taking into account the criteria of expediency, seeking to capture the maximum range of types of behavior with prohibitions and criminal responsibility. The above data on the changes made to the Criminal Code during the years of its existence evidently confirms it. Attempts to justify criminalization with the expediency of strengthening protection, strengthening responsibility (without taking into account its objective criteria) may lead to the formation of a police regime, and not to the development of democracy.

To date, Ukraine has weakly analyzed the special issues of criminal law policy - its level differentiation, in certain areas of its implementation, in subjects, participants, etc. Practically it is not developed its special part.

Establishing the presence of factors that determine the need for the implementation of changes in the criminal law, objectively leads the initiator of such changes to the need to implement a modeling of the criminal law.