Conceptual Basis of Mechanism of Criminal Legislation Creation and its Realization

With regard to absence of thorough researches of mechanism of criminal legislation creation and implementation in theory of criminal law, and taking into account correlation of this category with criminal law and criminal-legal relations, the purpose of this article is to study the conceptual framework of mechanism of criminal legislation creation and its realization. Taking into account the specifics of the topic, goals and outlined objectives, various general scientific, special-scientific and philosophical methods were used for an objective study of the subject and for formation of sound conclusions. Among them, in particular, systematic method was used in studying mechanism of criminal legislation creation and its implementation as a single integral phenomenon consisting of component elements; dogmatic method – to identify shortcomings and explore the possibilities for improving of structure of mechanism of criminal legislation creation and its implementation; logical-semantic – in the process of in-depth study of categorical-conceptual apparatus concerning the structure of this mechanism. In order to ensure the formation of new proposals (based on already existing in special literature) with regard to definition of structure of mechanism of criminal legislation creation and implementation, a method of generalization was applied. Scientific novelty. The article deals with the conceptual grounds of mechanism of criminal legislation creation and implementation. It is substantiated that criminal legal regulation is a process that covers both the creation of criminal legislation and its implementation. It has been proved that in the narrow sense criminal legal regulation can be reduced to the implementation of criminal legislation in forms of observance, execution, use and application. Its subject, rules of regulation, stages and forms of realization have been defined. Conclusions. It is argued that the subject of criminal legal regulation form four groups of social relations that arise in connection with: 1) omission from committing of socially dangerous acts stipulated by Special part of Criminal Code of Ukraine (within the limits of positive criminal responsibility); 2) committing crimes; 3) causing harm in the circumstances excluding the criminal character of the act; 4) commission of socially dangerous acts stipulated by Special Part of Criminal Code of Ukraine which are not recognized as crimes. The author states that criminal legislation is created specifically for the settlement of social relations that arise in connection with the commission of a crime or other socially dangerous act stipulated by Criminal Code of Ukraine. The rules for regulating these social relations are enshrined in the relevant criminal legal norms which are the basis for the implementation of criminal legislation. In addition, it has been proved that the creation and implementation of criminal legislation should be regarded as separate, albeit interrelated, but independent stages or levels of criminal legal regulation. The initial stage of the mechanism of criminal legal regulation of social relations is the creation of criminal legislation, and the final one – its implementation. Creation and implementation of criminal legislation are components of not only of criminal legal regulation, but also forms of implementation of criminal legal policy, elements of the mechanism of criminal law, components of criminal legal practice, etc.