The interpretation of the law in judicial activity, as well as the search for specific features of the interpretation of the criminal law, belong to the category of topics whose relevance in modern conditions is increasing much. The contradiction between the growing criminalization and the increasing concern about the observance of human rights and freedoms actualize the status of interpretation as one of the most important aspects of legal activity, directly ensuring the rule of law in criminal law relations. In any law-making text, there are always a lot of subjective meanings, only one of which can objectively be the basis of a judicial decision. Based on the generalization of the existing approaches to understanding the interpretation of the law, two of its basic models are distinguished - the model of the presentation of the parliamentary meaning and the model of the presentation of the judicial meaning of the law. It is proved that law enforcement is determined precisely by the judicial meaning of the law, the establishment of which in the process of interpretation is a significant component of judicial legal policy. Understanding the meaning of the criminal law has a specificity being predetermined by the public nature of the branch of criminal law, this impresses the course of action of the court within the framework of the implementation of the principle of separation of powers. However, this specificity cannot consist of, as it is commonly considered to be in science, in limiting the methods of interpretation used by the court or establishing a rigid hierarchical sequence in the application of methods of interpretation. The specificity of the interpretation of the criminal law should be determined not by the methods of interpretation, but by the principles of criminal law. Their content, in turn, should be revealed through an appeal to the goals of criminal law regulation. According to the results of the study, the general approach to the interpretation of the criminal law, which being literal as a matter of priority, should combine a restrictive understanding of any legal restrictions and a broad understanding of any defenses against a charge of a crime.
Modern criminology and criminal law are in the prolonged crisis provoked by inadequate and ineffective mechanism of informational circulation between these two spheres of social science and practice. The failure in the production of criminological information and its perception by criminal law serves as a symptom and as a cause of this crisis simultaneously. The way out of the crisis is seen as the analysis of the main components of the criminological information circulation mechanism and finding the way of its perfection. On the basis of critical analysis of the achievements of modern science the article investigates the main directions of perspective development of criminological science in order to produce modern and claimed by criminal law information. The research discusses the scientific problems of the production and circulation of scientific criminal information and the results of criminal law activities; proposes the mechanisms of calculation and use of criminological information in law making and law enforcing activities.
One of the constitutional powers of the state in the sphere of countering crimes is the ability to refuse to prosecute a person who has committed a crime, if there are legal grounds for doing so. This right is regulated, among other things, by the comprehensive Institute of exemption from criminal liability, which scope has become very impressive in recent years. Despite the close attention of the legislator and the highest courts of the country to the relevant rules of law, their systematic interpretation and application still create certain difficulties. Their overcoming necessitates an in-depth and interdisciplinary analysis of this legal institution.The purpose, objectives, research methods are: to conduct a formal legal and criminal-political analysis of criminal and criminal-procedural legislation in the part that regulates the exemption from criminal liability; to present the results of statistical analysis of law enforcement practice; to summarize and analyze the legal positions of the higher courts on the issues of exemption from liability; to give a critical assessment of the main doctrinal positions on this issue. Based on the results obtained, the article justifies specific recommendations for the comprehensive improvement of criminal law and criminal procedure grounds for exemption from criminal liability.The results of the study allows determination of possible ways of reforming the institute of exemption from liability in terms of its inter-sectoral unification, systematization and classification, substantive and formal terminology coordination, and expanding the possibilities of its application in various, not only judicial, but also pre-trial stages of the criminal process. The paper proposes specific measures to optimize the norms of the criminal code and code of criminal procedure and their application; some special ("synthesized") rules of practical evaluation activity for exemption from criminal liability are formulated.Keywords: exemption from criminal liability, termination of criminal proceedings, improvement of legislation in the field of criminal justice.
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