Ratio human and justice as a principle of criminal law of Ukraine
Journal Title: Правова держава. Щорічник наукових праць (Pravova derzhava) - Year 2016, Vol 27, Issue
Abstract
All components of the system principles of criminal law and humanism and justice should be consistent with each other. The principles of humanism and justice, like others, are implemented at two levels − leg- islative and enforcement. The principle of humanity, on the one hand, facing the victims of crime to society and criminal law means protecting the interests, rights, freedom, life, health, personal benefits citizens from criminal attacks. On the other, the principle of humanism paid to persons who have violated criminal law. The principle of humanity in the latter aspect can lead to a breach of the principle of justice. After humane treatment of the offender at release him from liability or punishment in some cases deprives the victim’s sense of justice renova- tion because the offender who harmed the interests or rights of the victim, is not subject to punitive impact. The application of sanctions in any case should not contradict any of the prin- ciples that form the system of principles of criminal law, and the idea of natural justice. Then the sentence would be fully perceived as perpetrators and victims, and society in general. While acknowledging the importance of the principle of fairness in the system as inde- pendent principles of criminal law, states that it is equivalent to other principles of criminal law. Justice − is primarily a social and ethical category, and then – law and one of the princi- ples of law. Justice complicated as objectively existing phenomenon, based on a combination of social, ethical and legal aspects. The principle of humanity should not be contrary to the principle of justice. No principle of humanity or principle of justice can not occupy a priority place in the principles of criminal law. In the case of amendments to the Criminal Code of Ukraine regarding the definition of general principles (principles) criminal law is mandatory and the statutory principle of justice.
Authors and Affiliations
Yurii Tymoshchuk
Keywords
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