ABOUT ISSUE OF INTERDEPENDENCE OF PRINCIPLES CRIMINAL EXECUTIVE LAW, POLICIES AND LEGISLATION

Abstract

The article examines the interdependence and correlation of the principles of criminal executive law, policy and legislation. It is emphasized that in the theory of criminal executive law most of the positions of scholars are concentrated around the dominance of criminal executive policy over law and legislation. The leading role of politics, in the positions of scholars, is appropriately reflected in the definition of principles. Given this, the principles of criminalexecutive policy are given a leading role in outlining the hierarchy of principles within the criminal-executive reality. The author's position is expressed that such views of scholars are mostly dictated by the concept of legal positivism, which provides for the dominance of state and/or political will over the legal provisions and content of domestic law. The characteristic features of the school of legal positivism include the formal definition of legal norms, their formation only by the will of the state, the universality of these norms for all holders of legal personality, the provision of these norms by the state through the mechanism of coercion. Instead, in the theory of law there are other views on the definition of the essence of law and its relationship with politics and law. These views accumulate within the concept of natural law. Scholars who adhere to this concept view law as dominant over politics. The characteristic features of the school of natural law include the natural origin of law, the inalienability of human rights from the moment of human birth, the inalienability of human rights regardless of the will of the state, the reflection in law of natural ideas of morality and justice. The article expresses the author's position on the combination of natural law and positivist concept within the framework of criminal executive law and the development of a universal position on determining the interdependence of the principles of policy, law and legislation. The importance of the perception of the natural-legal concept as a basis for further development of a universal position on determining the ratio of these categories of principles is emphasized.