Ganulyak E. Dispositive method of realization of criminal-legal policy

The author analyzes the main stages of formation of the dispositive method in the territory of modern Ukraine. It was discovered that since the times of the criminal legal policy of Kyivan Rus', dispositive principles had taken place, since it was precisely in the hands of the victim or his relatives that the driving forces of persecuting the guilty person in a particular offense were concentrated. Due to the fuzzy demarcation of public and private law, the dispositive method was interdisciplinary and was not tied to specific sectoral social relations, but to the "victim-offender" relationship. Dispositive, as a rule, manifested itself in the content of procedural rules. It is proved that in today's criminal-policy policy there are simultaneously imperative and dispositive methods of legal regulation. The vast majority of criminal law protection of public relations is carried out with the help of an imperative method: first of all, by establishing criminal-legal prohibitions. However, it is not possible to satisfy the rights of all actors and participants in criminal law with the help of an exclusively imperative, and therefore a significant number of regulated criminal-policy relations is ensured by the effectiveness of the dispositive method. On the basis of the study it is confirmed that neither the imperative nor the dispositive methods are not able to independently, in the "pure form", fully, fully regulate in a specifically selected field. Modern legal regulation, including and within the framework of criminal law, stands in the way of "blurring" clear boundaries between imperative and discretionary methods, and in this regard, these methods should be considered from the standpoint of their inter-sectoral and internal integrability. For the dispositive method, the permission, recommendation and encouragement are typical of the implementation of criminal law policies. It should be borne in mind that the permissive method is realized by informing about certain regulation of social relations (for example, in the institution circumstances that exclude the crime of the act), or by providing the person with the authority to appeal to the competent authorities for the further development of criminal law (in particular, the institution of private prosecution).