| Article | Worldview Bases of Modern Criminal Justice |
|---|---|
| Authors |
Kostenko O.
|
| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
| Issue | 5 / 2014 |
| Pages | 157 - 166 |
| Annotation | The article describes the author’s position on the development of the doctrine of the contemporary criminal justice system in Ukraine in the context of socio-naturalistic worldview. In particular, it is proved that in accordance with the social outlook of naturalism «genetic code» of progressive criminal justice system the principle of the rule of law of natural justice must be recognized. The author develops the idea that the Criminal Code and the Criminal Procedure Code should be a reflection of the laws of natural right, according to which criminal responsibility is provided for the crimes commission. Consequently, for the criminalization and decriminalization of acts legislator should follow the rule: the acts may be criminalized in case of violating the laws of natural right and, on the other hand, the acts which do not violate the laws should be decriminalized. The purpose of legal science is to discover laws of natural right, which should be given as a legal form. Based on the social outlook of naturalism the article criticizes legal positivism as a legal ideology, giving the way to abuse of means of criminal justice. The author suggests a new way to define the concept of crime and improve the concept of a crime and its elements. In the light of social naturalism also the author addresses the problem of matching principles of criminal procedural law with the laws of natural right. Formulated by the author conclusions and suggestions can contribute to the development of socio-naturalistic doctrine of criminal justice, which is of practical importance, particularly opposes by means of criminal justice. |
| Keywords | criminal justice, worldview, social naturalism, laws of natural right, principle of supremacy of laws of natural right, doctrine of criminal justice. |
| References | |
| Electronic version | Download |