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Yakovleva O.A. Law-Making as a Form of Implementation of Penal Policy (Theoretical and Legal Aspect)

Yakovleva Olga Alekseevna

Candidate of Juridical Sciences, Associate Professor, Department of Criminal Law, Volgograd State University

This email address is being protected from spambots. You need JavaScript enabled to view it. , This email address is being protected from spambots. You need JavaScript enabled to view it. Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation

 

Abstract. Penal policy is one of the priority directions of government activity that promotes the adoption of measures on crime prevention. The issue on the forms of implementing the penal policy in legal literature is controversial. The debatable character of this issue is conditioned by the identification of the forms of realization and activity directions. The determination of the nature of these concepts allows to resolve the differences with certain probability. The form of implementation is the external expression of the contents of a particular phenomenon. Direction is a line of movement, a path of development. Therefore, the direction is the alignment of forms and it is secondary to the latter. Law-making and law enforcement form the system of the criminal policy implementation. Law-making is the initial stage of law formation. Law formation is a dual process of spontaneous (natural and social) and systematically conscious (law-making) formation of legal regulations which ensure the order and stability of relations in social systems. In law-making the rational beginnings come forward and have functional expression in the development and adoption of new legal regulations, the amendment of current legislation, repeal of existing rules, filling gaps in the law. Thus, the essential components of penal policy, such as the determination of a list of socially dangerous acts, recognized as criminal, the exclusion of acts from criminal sphere, the determination of the nature of blameworthiness of socially dangerous acts and conditions of exemption from criminal liability or punishment, express its law-making form.

Key words: penal policy, law formation, law-making, law enforcement, legislation, crimes, criminal law, criminal procedure law.

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