Tymoshchuk Julia. Principles of humanity in the principles of Criminal Law of Ukraine
The paper emphasizes that in light of the global trend humanization of the criminal justice system as one of the main strategic lines of fighting crime in Ukraine is the humanization of criminal repression. Constitution – the legal framework of criminal law that is of paramount importance for its development and improvement, long assumed the immutable and indisputable postulate. And so in the Constitution of Ukraine and the Criminal reflected the principles of legality, fault liability, personal liability, humanism and more. The principle of humanism amenable to analysis in almost all modern scientific writings of local scientists, anyway devoted to the study of the principles of criminal law.
The principles of criminal law is defined as a system derived from the principles of human nature embodied in the criminal law, which reflect the content, objectives and patterns of legal regulation of social relations. The principles of law is the category which is inherent in the system, generalized, fundamental, universal. Accordingly, all components of the system elements (principles), including humanity, must be coordinated.
The principle of humanism is independent and has its expression and implementation in many institutes of criminal law Ukraine. Scientists have concluded that the institute exemption from criminal punishment and its subsequent departure of most reflected the principles of humanism and economy of criminal influence underlying the new policy in general and criminal law in particular. However, each element of principles has its place and its purpose, so it can cover the functions of other cells. All the principles are independent, not substitute each other, but during its implementation in the criminal law should not contradict each other. The citizen and the state should be in a balanced relationship based on mutual respect for the rights and responsibilities of humanism and justice, without infringing on human rights, but without the officials or private individuals.
The principle of humanity has two understanding. Broad understanding of the principle of humanism provides protection by the means of criminal law and criminal law means protecting the interests, rights, freedoms, life, health, personal wealth of citizens from criminal attacks. Other, narrow understanding of the principle of humanism paid to persons who have violated the criminal law, and suggests that the implementation of criminal law is different humane treatment of the offender. Humanization of law enforcement and – a way to compromise between opposing schools of thinking – positivism and natural law.
The article made the argument that inappropriate over-humanization practices impact on crime crisis that threatens humanity. The impact on crime must wear a stable and progressive nature. The principle of humanity should not be the dominant idea in the national penal policy, otherwise this principle is able to neutralize respect to criminal law and significantly reduces its preventive and educational potential. This author explains complicated criminal situation in Ukraine, including a significant increase in the number of serious crimes, murders, acts of terrorism, the proliferation of organized armed crime, etc.
The principle of humanity should not affect the principle of justice or the principle of legality, or other principles of criminal law Ukraine. The principle of humanity can not occupy the prevailing position in the principles of criminal law, or there will be a significant risk of loss of the criminal law of their security, preventive and educational potential. The principle of humanism in law-making and enforcement of criminal law is designed to transform tool of criminal repression means to solve complex social problems, especially improving the legal culture of citizens to background levels of legal democratic state.
Key words: the principle of humanism, a system of principles, criminal repression, legality, justice.