The Normative Dimension of the Principles of Criminal Law: Selected Topical Issues

Abstract

The article provides a theoretical and legal analysis of the principles of criminal law through the prism of their normative dimension. A new approach to understanding the principles of criminal law as a structural element is proposed, which not only accompanies, but also deepens and specifies the normativity of criminal law as its basic property. It is substantiated that the principles of criminal law have an objective-subjective nature: on the one hand, they reflect the laws of social development and historical conditions, and on the other hand, they are formed through the legal consciousness and will of a person. The author's definition of the principles of criminal law as guiding ideas based on social justice, accumulating the most important values ​​of society and determining the essence and direction of criminal law influence is formulated. It is proved that the principles of criminal law act as normative requirements that ensure the coherence, integrity and stability of criminal legislation, and also serve as a reference point for law-making and law enforcement activities. Special attention is paid to the characteristics of the key features of the principles of criminal law, in particular their value-based nature, regulativeness, universality, general obligation, systematicity and stability. Their role as a system-forming element of criminal law, which ensures the internal consistency of norms and their compliance with the fundamental principles of law, is emphasized. It is concluded that the principles of criminal law are not only the ideological basis of the field, but also an independent form of manifestation of its normativity, which determines the effectiveness of criminal law regulation.