The reflection of the philosophy of criminal law in the constitutional provisions

Abstract

This article raises the question of universal values, philosophical ideals of this society. With regard to the field of criminal law, it can be noted that the norms of criminal law are intended to protect a certain group of values that are recognized as priorities in society. In this aspect, the rules of criminal law should be recognized by society as fair. This question of fair criminal responsibility and criminal punishment is much more philosophical than legal. As the author notes, recently there has been more work to appear on the issues of the philosophy of criminal law. Perhaps this is due to the modern period of the formation and development of statehood, when many that have become traditional values are reinterpreted. The philosophy of criminal law attracts researchers, because it allows to reveal the very essence of criminal law. Appropriate discourses on the responsibility of a person for the crime committed, on the possibility of his choice, on the proportionality of punishment, justice, etc., can be found in many works of famous philosophers. The author concludes that the criminal law defining the crime and the punishment for it must meet the main criterion: the punishment must be fair and necessary for the preservation of public order.
Key words: philosophy of criminal law, criminal law policy, justice, crime and punishment, the basic institutions of criminal law.