Kamensky D. V. On the issue of the blanket method of constructing criminal law prohibitions (based on provisions of Section VII of the Special Part of the Criminal Code of Ukraine)
The article examines the blanket method for describing dispositions of criminal law prohibitions, in particular, the norms of Section VII of the Special Part of the Criminal Code of Ukraine. It has been established that when using blanket dispositions, the content of a criminal act is determined both by the law on criminal liability and by the norms of other branches of law; at the same time, such dispositions do not replace criminal law provisions, while performing in such cases auxiliary, clarifying function. It is determined that the blanket way of describing economic articles of criminal legislation is due to the special meaning of a criminal prohibition, which protects the economy as a regulator of relations by non-criminal legal acts.
In the norms of the Criminal Code of Ukraine on economic crimes considered in the article, the domestic legislator pragmatically concretized the semantic links between the norm of the criminal and special regulatory law, which should be taken positively. It was established that in this way, firstly, the limits of the volume of unlawful behavior are clearly established, beyond which the representatives of law enforcement practice are strictly prohibited from going out during the criminal-legal assessment of the deed. At the same time, here, to a certain extent, the work of the law enforcement officer is facilitated, since normative acts of a non-criminal direction have been concretized, which should be relied upon in the investigation and further judicial proceedings. Secondly, such a normatively specific approach to the construction of criminal law prohibitions obviously contributes to the unification and simplification of approaches to socially dangerous acts in the economic sphere. It shows that the state does not need numerous laws and regulations, which are textually, chronologically and legally distorted.
It has been established defined that the reform of the object and system of norms on crimes against the order of economic activity should have as its main task the careful development of specific criminal law norms in order to create the cross-sectoral mechanism of legal regulation.
Key words: blanket disposition, economic crime, legal act, disposition, regulatory law.
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