On The Legal Agreement As A Source Of Criminal Law

Abstract

In this paper the author considers legal contract as a source of criminal law.
The author believes that we should raise the question of the urgent need for finalization of the modern concept of sources of criminal law, in which the legal regulation and protection of important public relations will gain greater flexibility.
Particular, the feasibility of entering into the plane of discourse professional legal contract. Overall legal agreement is an act of voluntary coordination of the parties on the establishment of rules regulating life situation, and the state provides the conditions of the contract.
The author notes that it is in respect of reconciliation guilty and compensation for crime damage can talk about a legal contract - an agreement on reconciliation.
It is concluded that the settlement as a legal contract can be considered a source of criminal law, it allows you to define «triangle» of participants of criminal legal relations - the victim, the person who committed the crime, the state.
This approach is consistent with the trends of humanization and privacy principles of criminal law, which is an integral component of the new criminal law paradigm. It will give additional impetus to scientific intelligence services on modern penal policy of Ukraine.