Intelligibility of a criminal law: Theoretical and practical aspects

• Musychenko, Olha ^[2] ; Streltsov, Yevgen ^[1] ; Kozachenko, Oleksandr ^[2] ; Vasyliaka, Olesya ^[2] ; Chornozub, Larysa ^[2]
  1. [1] National University

     National University

     Estados Unidos

     
  2. [2] National University «Odessa Academy of Law» (Mykolaiv, Ukraine).
• Localización: Revista Amazonia Investiga, ISSN-e 2322-6307, Vol. 10, Nº. 44, 2021, págs. 92-102
• Idioma: inglés
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• Resumen

  • The main task of the article is to study a separate qualitative property criminal law its intelligibility. When solving the problem the definition of intelligibility of the criminal law taking into account genesis is formulated this concept and different approaches to its content, which have developed in modern law doctrine. In order to substantiate the author's approach to the definition of intelligibility of the criminal law the monitoring of normative-legal acts, decisions of national and international judicial authorities is carried out.

    It is shown that the term ‘intelligibility of law’ and related terms ‘clear’, ‘precise’, ‘simple’ law are actively used both in regulations and in decisions of national and international judicial authorities. However, the terminology is diverse, thereby it has been suggested in the decisions of the European Court of Human Rights to use the term ‘intelligibility’of the law, which is the most accurate and adequately reflects the assessment of the legal certainty of national laws.

    The general conclusion is substantiated that in modern doctrine there are three approaches to determining the legal nature of the intelligibility of the law: as a component of the rule of law, as a requirement for the language of law, as a qualitative property of law. The absence of antagonistic features in each of the approaches allowed to use the positive gains of different perceptions of the intelligibility of the criminal law and to define it.