Kuzembaiev A. Sources of criminal law regulation in Ukraine: doctrinal aspects

The dissertation is the first special complex research of the sources of criminal law in conjunction with criminal law regulation in the Ukrainian science of criminal law. This dissertation proposes differentiating sources of criminal law within the system of sources of criminal law as circumstances influencing the formation, establishment, modification, abolition, and implementation of specific prohibitive and regulatory criminal law norms, in the absence of their influence on the formation and genesis of criminal law. The differential approach to understanding the concept of sources of criminal law is based on general theoretical understanding of the concept of sources of law that is defined as the combination of two meanings - a formal source of law and a material source of law with emphasis on the primacy of the material source of law. Implementation of criminal prohibition as a specific feature distinguishing criminal law among other branches of law was established within the framework of criminal law regulation and the dissertation proposes allocating sources of criminal prohibition to the system of sources of criminal law regulation. The work shows reasonable practical necessity and theoretical expediency of the presentation of Article 3 and Section I of the Final and Transitional Provisions of the Criminal Code of Ukraine in new wording for the purpose of accounting and normative reflection of the provisions on the delineation in the criminal law of Ukraine of criminal prohibition and criminal regulation and their sources, as well as legislative design of other sources of criminal law regulation in Ukraine aside from the Criminal Code of Ukraine, which regulate the criminal law relationships besides criminal prohibition.