НОРМА КРИМІНАЛЬНОГО ЗАКОНОДАВСТВА УКРАЇНИ ЯК ОСНОВА ЙОГО РЕАЛІЗАЦІЇ

Abstract

The article analyzes the implementation of the criminal legislation of Ukraine, which has a subject, methods, levels and means. The legal means of its implementation include: criminal law relations and criminal law. Criminal-legal relations should be considered as an independent type of legal relations established by the norm of the law on criminal liability, and arising between the state in the person of the relevant public authorities and the person who committed an illegal or positive act and the victim. It is expedient to define a criminal law norm as a universally binding rule of public conduct, enshrined in the law on criminal liability and protected by state coercion by monitoring its observance and applying punishment or other measures of a criminal law nature in case of its violation. The mechanism of implementation of the criminal law norm is the activity of the subjects of criminal law relations established by the criminal legislation of Ukraine on the realization of their mutual rights and obligations, which are enshrined in the criminal law norm. Implementation of the norms of criminal legislation of Ukraine is carried out in the following forms: observance, execution, use, application. This mechanism has the following stages: 1) preparatory (is to determine the substantive and procedural remedies); 2) direct process (exercise of rights and obligations by the subjects of criminal law relations of law enforcement); 3) implementation of the criminal law norm (determination of the type and amount of punishment in accordance with the actually committed socially dangerous act, release from criminal liability or punishment, etc.).