Interest As The Driving Force Of The Dispositive Method Of Criminal Law Implementation

  • E.M. Hanuliak
Keywords: criminal-law policy, methods of criminal-law policy, dispositive method, interest.


The article is devoted to the dispositive method of criminal law regulation, which is genetically related to private interests. The author proceeds from the fact that within the limits of the discretionary method, not private interests are regulated, but the legal relations that provide for its legal protection.

Realization of private interest in the law can be represented in the form of a consistent chain of development of relations: unilateral relations of interest - regulatory legal relations, aimed at the realization of relations of interest - criminal legal relationships that provide protection of regulatory relations.

The author comes to the conclusion that interest is represented in the objective reality expressed in the unilateral relation of the subject to a certain good (state, subject, etc.). It is assumed that in the relations of interest the person declares that she has certain needs and takes measures for her satisfaction, which again indicates the moving role of private interest in implementing the dispositive method of criminal law policy.