Criminal law policy in the field of combating official negligence (Article 367 of the Criminal Code of Ukraine): problem statement

Abstract

The article is devoted to the scientific study of the criminal legal policy of the state, which provides for criminal liability for official negligence. After all, the state policy in the field of prevention and counteraction to official negligence aims to create an effective system for identifying and overcoming the social prerequisites for committing this crime, its timely exposure. Effective counteraction to official negligence is not realized at the moment of one-time and short-term actions or legal repressions at any level, but requires long-term socio-economic, political and legal changes. This activity should be a synthesis of preventive general social and special criminological measures combined with repressive methods. Especially considering that service negligence is a complex and multifaceted social phenomenon. It is proved that the establishment of criminal liability for official negligence is generated by the objective needs of society. It characterizes one of the directions of counteraction to official crime in modern conditions, namely activation and effective application of measures of prevention and prevention of official negligence. It is substantiated that the effectiveness of the criminal law policy depends on the effectiveness of the law of Ukraine on criminal liability, which affects the law-making as a form of policy implementation, as well as on enforcement.