THE INFLUENCE OF INTERNATIONAL AND EUROPEAN STANDARDS ON THE FORMATION AND DEVELOPMENT OF NATIONAL CRIMINAL-LEGAL POLICY IN THE CONDITIONS OF MARTIAL STATE

Abstract

The article examines and assesses the limits of the influence of the principles and standards of international and European law on the formation and development of national criminal law policy. The authors assess the state of law-making activity in the criminal law direction and identify unsatisfactory factors and factors that negatively affect the development of criminal law policy. The main directions of development of international and European criminal law are determined, the limits of which influenced the development of Ukrainian criminal law. It is indicated that after the full-scale invasion of the Russian Federation into Ukraine, the state of law-making activity has significantly deteriorated, which is confirmed by several factors: 1) the lack of consistency in the changes made to the Criminal Code of Ukraine; 2) the emergence of competition between general and special norms, as well as qualified and privileged clauses; 3) criminalization/decriminalization of acts without the presence of a set of necessary grounds; 4) the legislator’s full focus on ensuring the defense component. This is also facilitated by the simplified conditions for implementing law-making activities during martial law. It is noted that the analysis of the institutions of the General Part of Criminal Law provides grounds for stating that today most of them do not comply with EU legislation.In particular, this applies to the provisions that enshrine the basic provisions on the stages of criminal offenses and complicity, criminal law measures against legal entities, etc. At the same time, through the prism of the norms of European and internatio- nal law, a mutual relationship is established between the norms of substantive and procedural criminal law. An example of the latter thesis is that every second legislative act aimed at improving criminal liability for committing a certain type of criminal offense simultaneously with changes to criminal legislation provides for changes to criminal procedural law.