Scientific and Information Bulletin

Ivan-Frankivsk University named King Danylo Halytsky

Issue 16(28)

Ostrohliad O. The quality of legislative activity and its impact on criminal law policy

Ostrohliad O. The quality of legislative activity and its impact on criminal law policy

https://doi.org/10.33098/2078-6670.2023.16.28.148-154

Purpose. The purpose of the work is to analyze the impact of legislative activities of the Verkhovna Rada of Ukraine on the further implementation of the criminal law policy. To determine the current state of compliance by people’s deputies with the requirements of the legislative technique in the field of criminal law of Ukraine. The basis of such an analysis is the draft law amending the Criminal Code of Ukraine officially posted on the website of the parliament. Methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of relevant conclusions and recommendations. During the study, the following methods of scientific knowledge were used: terminological, systemic-structural, comparative-legal, and the method of analysis (when analyzing and comparing existing legislative material with draft laws). Results: In the process of research, it was recognized that the issue of the responsibility of people’s deputies for their work in the field of criminal law (and not only) requires further research and improvement of legal regulation. Originality. In the process of research, it was established that legislative work in the field of criminal law (an element of law-making, as a form of implementation of criminal law policy), as a prerequisite for proper law enforcement (as another form of implementation of criminal law policy), needs improvement. Its implementation at this stage of improvement of criminal law regulation is actually critical. Practical significance. The results of the research can be used in law-making activities to develop the necessary changes to the current criminal legislation of Ukraine, as well as to continue further theoretical research in this area.

Key words: law policy, criminal law policy, parliament, law-making, draft law, Criminal Code, article.

References

1. John Kenedi (2020). Criminal Policy (Penal Policy) In The Effectiveness Of Law Enforcement In Indonesia. Multicultural Education. Volume 6, Issue 1,. pp. 68-74 (in English)

2. Kryminalnyi kodeks Ukrainy vid 5 kvitnia 2001 rs] [Criminal codex of Ukraine]: stanom na 28.04.2023 r. / Verkhovna Rada Ukrainy. Available at: http://zakon2.rada.gov.ua/laws/show/2341-14. (in Ukrainian)

3. Lashchuk, Ye.V. (2016) Do pytannia pro formy realizatsii kryminalno-pravovoi polityky [On the issue of forms of implementation of criminal law policy]. Visnyk Verkhovnoho Sudu Ukrainy, 1, 39-46. URL: http://nbuv.gov.ua/UJRN/vvsu_2016_1_7 (in Ukrainian)

4. Ostrohliad, O.V. (2022) Zakon yak dzherelo kryminalno-pravoi polityky [The law as a source of criminal law policy]. Pravo ta derzhavne upravlinnia, 4, 130-137. (in Ukrainian)

5. Fris, P.L. (2011). Do rozuminnia zmistu polityky u sferi borotby zi zlochynnistiu ta osnovnykh napriamiv kryminalno-pravovoi polityky [Towards an understanding of the content of policy in the field of fighting crime and the main directions of criminal law policy]. Visnyk Luhanskoho derzhavnoho universytetu vnutrishnikh sprav imeni E.O. Didorenka. Spetsialnyi vypusk, 5, 30-38. (in Ukrainian)

Науково-інформаційний вісник

Івано-Франківського університету права імені Короля Данила Галицького