Функції кримінального права та їх співвідношення із функціями закону про кримінальну відповідальність
The article is devoted to the clarification of the role and significance of criminal law for the state, society and personality at the present stage of their development. It is proved that criminal law is a special branch of law with unique instruments of legal regulation. Questions about the functions and tasks of the criminal law are closely linked with the views on the subject of criminal law through the prism of ideas about the mutual legal relationship between the state and the offender. It is confirmed that the existing doctrine of the mutual relation between the purpose of criminal law and the law on criminal responsibility with the objectives of the Criminal Code affects the formation of the functions of criminal law, forms the “intellectual framework” for further in-depth study of the content of the subject and method of criminal law, may contribute to the proposals “de lege ferenda” to the regulations Article 1 of the Criminal Code.
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