THE CONCEPT AND SYSTEM OF PRINCIPLES OF MODERN CRIMINAL LAW OF UKRAINE: THEORETICAL AND PRACTICAL SIGNIFICANCE

Abstract

The article examines the content of the concept of principles of criminal law as basic ideas underlying criminal law regulation. The author analyzes the system of principles that determines the directions of development of criminal legislation and is the basis for its application in practice. In particular, the meaning of such fundamental principles as legality, the rule of law, justice, humanism, individualization of criminal liability, the inevitability of punishment, and others is revealed. Attention is focused on the fact that the principles are not only enshrined at the normative level, such as in the Constitution or the Criminal Code of Ukraine, but also have a deep philosophical and socio-legal basis.

It is noted that in the conditions of modern transformations of Ukrainian society, as well as integration into the European legal space, the principles of criminal law acquire special importance as a mechanism for ensuring the rule of law, human rights and freedoms, as well as the stability of the legal system. The author emphasizes the need to maintain a balance between the dynamism of legislative changes and the constancy of fundamental legal principles.

The author emphasizes the critical importance of maintaining a balance between the need for dynamic updating of criminal legislation in accordance with modern realities and preserving the stability, consistency and inviolability of the fundamental principles. Violation of this balance can lead to undermining of trust in the legal system, devaluation of fundamental values and erosion of the very idea of justice.

As a result of the study, the conclusion is substantiated that the effective functioning of criminal law is impossible without strict adherence to its principles. After all, they are a guarantee of fair and legal consideration of criminal cases, determine the limits of state intervention in the sphere of individual rights and freedoms, and also ensure legal certainty and public trust in criminal justice. Thus, the principles of criminal law are not only a theoretical construct, but also an important practical tool for implementing the criminal policy of the state. The fundamental principles of criminal law are not only theoretical guidelines, but also real mechanisms for maintaining law and order, establishing the rule of law, and protecting fundamental human rights and freedoms.