Doctrinal approaches to distinguishing spheres of criminal law policy

Abstract

The article provides a comprehensive analysis of various scientific approaches to identifying and classifying spheres of criminal law policy. The position of P.L. Fris regarding the differentiation of criminal law policy based on grouping objects of criminal encroachment according to the significance level of social relations, goods, and interests is examined. The alternative approach of I.V. Kozych is analyzed, who suggests using the division into general and special parts of criminal law as a systematization criterion, distinguishing general criminal and special spheres of criminal law policy. Critical remarks regarding the use of generic object as a differentiation criterion are considered, particularly due to the overload of criminal legislation with norms reflecting similar acts with minor differences. The position of Ye.S. Mnyshenko regarding the differentiation of criminal law policy depending on the «sphere of influence,» understood as the point of application of criminal law policy efforts in the crime-fighting policy system, is highlighted. Special attention is paid to P.L. Fris’s concept of using the category of «interest» as a fundamental criterion for identifying and internal structuring of crime-fighting policy. His proposed logical chain from global interests of crime-fighting policy to specific interests reflected in the Special Part of the Criminal Code of Ukraine is analyzed. The system of special interests is examined, which includes definitive interests related to the normative fixation of institutions, terms, and concepts, and specific interests concerning the determination of grounds and limits of criminal liability for encroachment on specific objects.