Yakovleva O.A. The Principles of Criminal Legal Policy and Its Correlation With the Criminal Law
Olga Alekseevna Yakovleva
Candidate of Juridical Sciences, Associate Professor,
Department of Criminal Law,
Volgograd State University
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,
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Prosp. Universitetsky,100, 400062 Volgograd, Russian Federation
Abstract. Understanding the criminal law policy is closely linked to the definition of the principles and form of its relation with the science of criminal law. The test questions are debatable. Some legal scholars define the penal policy as one of the constituent elements of criminal law science, others point out that criminal policy is primary in relation to the criminal jurisprudence, as it identifies the challenges facing the latter. Taking into account the full range of views, it can be concluded that the criminal policy shows the government’s attitude to the crime; what methods and means are necessary; what punishment is appropriate for criminal acts committed; what guarantees can be given to citizens from unwarranted prosecution and conviction.
The policies, in order to justify their purpose, must be fundamental and they must have a set of guiding ideas to launch the system-defined principles. Understanding the penal policy without the knowledge of its principles form the impossible principles in concentrated form which express the very policy.
The points of view concerning the principles of penal policy in the science of criminal law are different. Some authors define a narrower range of considered principles, others –a more detailed one. But anyway, all opinions have common ground which allows us to derive a “single formula” for principles. This “formula” is based on the principles of the right species categories: common, cross-sectoral and sectoral principles.
Key words: policy, criminal legal policy, science of criminal law, principles, principles of criminal legal policy.
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