DEVALUATION OF CRIMINAL PROHIBITION
European Journal of Molecular & Clinical Medicine,
2020, Volume 7, Issue 6, Pages 46-55
AbstractThe article, based on the analysis of theoretical views and legislative practice, hypothesizes the existence of such a phenomenon in legal regulation as the devaluation of criminal prohibition. The effectiveness of criminal law and its impact on the state of crime is a topical issue not only for Ukraine but also for any country in the world. Excessive attention to criminal law by the legislator and attempts to resolve socio-political and economic issues by adjusting criminal law raises the increase of criminal prohibition, which ultimately leads to such a negative phenomenon as the devaluation of criminal prohibition. The publication identifies the areas where such devaluation is possible and provides relevant examples. The article attempts to single out measures to stop the devaluation of criminal prohibitions, among which compliance with the ultima ratio principle is considered the most appropriate. The modern content of this principle in the criminal law doctrine is considered. Human dignity is stated to be a measure of the ultima ratio, and compliance with this principle will stop the devaluation of criminal prohibitions.
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