Lutskyi R., Kaniuka I. Justice as the determining principle of criminal law

DOI: 10.33098/2078-6670.2023.15.27.1.81-86

Purpose. The purpose of the article is to determine the essence and features of the concept of justice as a defining principle of criminal law. The relationship between form and matter (compliance of law with such categories as justice, equality, freedom, humanism) is the component that characterizes the essential basis of criminal law in relation to the regulation of social relations. Methodology. In order to achieve the set goal, a comprehensive analysis of the available information regarding the analyzed problem was carried out and conclusions and proposals were formed on their basis. The following methods of scientific knowledge were used during the research: dialectical, systemic-structural, terminological, systemic-functional, historical, normative-dogmatic, generalization method. Originality. As a result of the conducted research, it was established that the term «justice as a defining principle of criminal law» expresses the essential basis of criminal jurisprudence and is its main theoretical component. Scientific novelty. Systematization and generalization of the levels of theoretical and legal understanding of the concept of «justice as a defining principle of criminal law» was carried out for the first time. Practical significance. The understanding of the concept of justice as a principle of criminal law is not something rigid, defined. What is considered fair today, that is, determined by this principle, may be rejected tomorrow. In the norms of criminal legislation, the implementation of this principle must «keep up with the times» and correspond to the realities of life. Of course, a big step forward has been made in resolving the contradictions that have arisen. In addition, research results can be used in law-making and human rights protection activities regarding the implementation of current criminal legislation during wartime. Research results can be used in law-making and human rights protection activities regarding the implementation of current criminal legislation during wartime.

Key words:law, criminal law, principles of criminal law, justice, equality, humanism, criminal justice.

References

1. Bauman, Z. (2006). Svoboda [Freedom]. M.: Novoe izdatelsto, 2006. (in Russian)

2. Berdyaev, N. A. (1990). Filosofiya neravenstva [Philosophy of inequality]. M.: IMA-Press. (in Russian)

3. Matuzov N. I. Aktualnye problemy teorii prava [Actual problems of the theory of law]. Saratov: Publishing House of the Saratov State Academy of Law, 2004. (in Ukrainian)

4. Malakhov, V.P. (2002). Filosofiya prava [Philosophy of law]. Yekaterinburg: Delovaya kniga, 2002. (in Russian)

5. Onishchenko, N.M. (2008). Spryiniattia prava v umovakh demokratychnoho rozvytku: problemy, realii, perspektyvy [Perception of law in conditions of democratic development: problems, realities, prospects]. K.: LLC «Yuridichna Dumka» Publishing House. (in Ukrainian)

6. Shemshuchenko, Yu. S. (2007). Pravo [Law]. Velykyi entsyklopedychnyi yurydychnyi slovnyk. K.: Legal Opinion Publishing House. (in Ukrainian)