GENESIS OF THE CRIMINAL LAW NORMATIVITY
Journal Title: Науковий вісник Ужгородського національного університету. Серія: Право - Year 2016, Vol 41, Issue 2
Abstract
In the article, wide range of issues related to the interpretation of the term sources of criminal law, its relation to the concept of form of criminal law is reviewed. Additionally, establishment and development of social normativity, legal normativity, and the normativity of the criminal law are also considered. It is argued that the sources of criminal law are appropriate to consider in broad and narrow senses. Sources of criminal law in the broad sense are all complex factors that affect its formation and development (the substrate or the basis for criminalization). Sources of criminal law in the narrow sense (forms of criminal law) are the means of legal fixing of criminal law. It is also stated that, historically, the first form of social normativity was a taboo. Law is universal normative social regulator (the regulatory framework of social life.) Demand for law has a historically conditioned character (it is derived not from the dictates of any state, but from the needs of society in the regulation; the state is the only guarantor of compliance with regulatory requirements.) Thus, it is in direct proportion to the level of society development (the more developed a society is, the more important is the normative legal regulation.) Being a prototype of the taboos, the normativity of the criminal law has a close genetic relationship with other social systems of norms (primarily religion and moral), which constitute its foundation.
Authors and Affiliations
Є. М. Вечерова
Keywords
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