Cross-cutting criminal law concepts: some issues on definition and interpretation

Abstract

The article analyses the problem of interpretation of cross-cutting criminal law concepts in the Criminal Code of Ukraine. The urgency of the study is due to the rapid reform of criminal law of Ukraine and the need to create a sustainable and high-quality conceptual framework of criminal law. In accordance with the tasks set in the article, the state of theoretical developments in the field of interpretation of cross-cutting criminal law concepts, their practical implementation and implementation in legislation was analysed. The article identifies the importance of universal interpretation of crosscutting criminal law concepts to ensure the rule of law and the implementation of state-guaranteed human rights. Prospects for the development of criminal law through the creation of an official interpretation of the conceptual apparatus of the Criminal Code of Ukraine were studied. The study was based on the work of legal scholars, as well as the practice of national law and the conclusions of the European Court of Human Rights. The article used the dialectical method as a general method of scientific cognition, by means of which social relations and phenomena that are the subject of research were studied in their interaction and complementarity. The method of analysis was used to determine the essence and content of the problem of interpretation of cross-cutting criminal law concepts. The results of the study identified ways to overcome the problem of interpretation of cross-cutting criminal law concepts and prospects for further development of criminal legislation in the presence of a stable conceptual apparatus. The obtained results allowed to made recommendations for practical improvement of the criminal legislation of Ukraine.