The Principle of Inevitability of Punishment in Crime Prevention in Ukraine
Year: 2025
Type: article
Abstract: The article examines the theoretical and practical aspects of one of the special principles of criminal law — the inevitability of punishment. The legal nature of the principle of inevitability of punishment remains a subject of academic debate, given its importance both for criminal law doctrine and for practitioners in law enforcement agencies. A major challenge for the state, society as a whole, and particularly for the entire law enforcement system, has been the active phase of Russia’s war against Ukraine and the subsequent introduction of martial law. With the outbreak of the war and the need to investigate a large number of war crimes, crimes of aggression, and crimes against national security, critical opinions have emerged in legal literature and among practitioners regarding the actual existence of the principle of inevitability of criminal liability in the current legal system. These concerns relate to the practical application of law by public authorities acting within procedural frameworks. Specifically, this refers to the law enforcement activities carried out within the scope of their authority, aimed at solving and investigating criminal offenses. Therefore, the article emphasizes the importance of the principle of inevitability of punishment as one of the mechanisms for preventing crime in Ukraine and ensuring the rule of law, particularly during wartime. It is noted that abandoning or disregarding the principle of inevitability of punishment will inevitably lead to the collapse of the entire system of criminal law principles and the criminal policy of the state. In our view, this is due to the fact that the inevitability of criminal liability is, in its legal essence, a presumption established by the legislator as binding for all without exception. It is also emphasized that the idea of inevitability of punishment, enshrined in this principle, has not only a criminal-legal but also a criminal-procedural nature. It underpins the state’s activities in protecting citizens and society from criminal encroachments and offenses as a whole. Therefore, this principle is an integral part of the mechanism for preventing and combating crime. Key words: martial law, war crimes, prevention, legislation, crime, criminal policy, criminal proceedings, criminal offense, criminal liability, inevitability of punishment, principles.
Author: S. Ivashko
Language: English
Topic: Criminal Law and Policy
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4414651464