G Principals of Criminal Law: International Legal Aspect

By Veresha, Roman | Journal of Legal, Ethical and Regulatory Issues, January 1, 2018 | Go to article overview

G Principals of Criminal Law: International Legal Aspect


Veresha, Roman, Journal of Legal, Ethical and Regulatory Issues


INTRODUCTION

The principles of law, in particular the criminal law, are the general principles grounding the criminal law development in general and the development of each specific rule in particular. These principles are also the basic provisions establishing the criminal law application by the executive bodies (Murphy, 2010). The principles of criminal law are to enforce and protect the human rights and freedoms, constitualized in the majority of foreign countries, including Ukraine. This aspect is reflected through the general principles outlined in the European Convention for the Protection of Human Rights and Fundamental Freedoms (Reid, 2011) and the EU Law in general (Willem, 2009). Thus, the problem of determining ways to implement the constitutional provisions on principles existing in the criminal law, including the Criminal Code of Ukraine, becomes a pressing one.

The principles of criminal law should be studied deeply in order to clarify its main content and to determine the essence of related legal mechanisms and development areas. This work should be done also to draw conclusions about the effectiveness of criminal law application and about the prospects for its improvement. Besides, one should understand the goals, objectives and methods of criminal law application (Landin, 2017), including its application at the international level (Beth, 2007). The latter is a real practice, as evidenced by the recommendations made on the application of the general principles of criminal law in the practice of the European Court of Human Rights (ECHR, 2013a) (Guide on Article 6: Right to Fair Trial). After all, adherence to the principles of criminal law obliges the legislator to decide whether the type and/or amount of penalty correspond to the character of a crime and the level of pubic danger sparked (Polyakov, 2017).

The problem of regulating the principles of criminal law must be solved as soon as possible. Researchers believe that their regulation will make the criminal law more effective. This, in turn, will promote the observance of constitutional rights, freedoms and interests of a person and citizen when applying criminal regulations (Landina, 2017).

As the general principles of criminal law are in tune with constitutional principles to secure the rights, freedoms and interests of an individual and a citizen that are enshrined in the constitutions of the vast majority of countries, these principles are not only of theoretical, but also of practical importance both at the national and the international levels. This proves the relevance of our research.

In criminal law science, some challenges in defining the system of principles are left aside. These are the essence issues and the problem of illuminating the significance of such principles for the national and international law enforcement practices, as well as for the globalization of criminal law.

Based on the above, we tend to define the essence and significance of the principles of criminal law at the national and international levels, and to solve the problem of their regulation (including the regulation by the current criminal law of Ukraine).

This research area has potential not only at the national, but also at the international level. Thus, this research on the concept and the essence of the general principles of criminal law will be important for international law, since it will allow defining international general principles of criminal law that should be anchored in national criminal law.

LITERATURE REVIEW

Analysing the principles of criminal law by comparing the related provisions of the theory of criminal law, enshrined in the legislation of foreign countries, is also of great importance (Skakun, 2007). For example, there was a separate research on the principles of international criminal law with some of it devoted to the analysis of general principles running in this area, their essence and role in shaping international criminal law (Werle & Florian, 2014). …

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