CONCEPTS, GROUNDS, AND CRITERIA OF CRIMINALIZATION AS A METHOD OF CRIMINAL POLICY

Анотація

The author, based on a theoretical analysis of the main approaches to understanding the concepts of “method of criminal policy” and “criminalization” and their basic characteristics, defines the concepts of “ground” and “criterion” of criminalization and specifies their content. Using logical-semantic and comparative legal methods, it was established that the ground for criminalization is the cause, a phenomenon that makes a specific act penal. Thus, the ground for criminalization is the socially dangerous behavior of a person that must be subject to a criminal prohibition, or the property of specific behavior to cause significant harm to social values; the criteria of criminalization are the grounds for assessing, determining, and measuring, that is, the values of parameters which make a particular behavior penal. The study of other characteristics of criminalization (conditions, principles, methods, etc.) as a method of criminal policy also seems promising.

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