Subjects, Sources, and Methods of Criminal Law Policy in the Field of Responsibility for Unfinished Criminal Activity

Abstract

This article explores the key aspects of criminal law policy regarding unfinished criminal activity. The author examines three main components: subjects, methods, and sources of this policy.
The paper identifies the main subjects of criminal law policy, including the Verkhovna Rada of Ukraine, the President of Ukraine, the Constitutional Court of Ukraine, and the Supreme Court of Ukraine. It also highlights the participants in this policy, including courts of general jurisdiction, law enforcement agencies, and citizens. The author draws attention to the functional division of subjects into those who form the policy and those who implement it.
Regarding methods, the article discusses both the main methods (criminalization, decriminalization, penalization, depenalization) and private methods of criminal law policy. Special attention is paid to the application of imperative and dispositive methods in the context of unfinished criminal activity.
As for the sources of criminal law policy, the author proposes their division into normative and non-normative. Normative sources include traditional forms of law, such as the Constitution of Ukraine, the Criminal Code, and international treaties. Non-normative sources include historical and legal research, foreign experience, judicial practice, and decisions of the European Court of Human Rights.
The article emphasizes the importance of a comprehensive approach to the formation of criminal law policy, taking into account both normative and non-normative sources. The author stresses the need for further research of non-normative sources to increase the effectiveness of criminal law policy in the field of responsibility for unfinished criminal activity.