Ponomarenko Y. General theory of criminal offences` punishments de-termining.

The dissertation is the first research in the Ukrainian criminal law science in which provisions of the general theory of criminal offences` punishments determin-ing are integrally, systematically and consistently formulated. The subject of the general theory of determining the punishability of criminal offenses is the activity of the state to determine this criminal remedy in the criminal law (problems of the origin and content of the right of punishment (jus puniendi), criminal law policy as an external form of manifestation of the implementation of such powers, the place of penalization of criminal offenses among directions of this policy, as well as the general rules for its implementation), and punishment itself as a potential criminal law remedy established in the criminal law as a result of such activities (general provisions on punishment as a criminal law remedy, as well as on the list (system) types of punishment, about each separate type of punishment and about the system and types of sanctions). The right to punish (jus puniendi) belongs to the state on the basis of a social contract with the people and is divided into three components: the power to establish in the law the punishment for committing criminal offenses; the power to impose punishment on persons who have committed criminal offenses; the power to execute punishments against those to whom it is intended. The right to punishment in terms of determining the punishability of criminal offenses is exercised through the implementation by the state of its criminal law policy. Criminal law policy as an activity of the state to counteract a criminal of-fense using the means of criminal law is carried out at two levels: lawmaking and law enforcement. The lawmaking level of the implementation of the criminal law policy consists in the creation and consolidation in the criminal law of criminal law means to be applied at the law enforcement level. Penalization of criminal offenses is an integral part (direction) of the state’s criminal law policy, it is the process and result of the legislator’s activities to deter-mine the punishability of criminal offenses in order to provide regulatory support for criminal law means of combating crime. The entire criminal law policy of the state, including at the level of funds, should be carried out not only on a scientifically grounded basis, but also in accordance with certain legally binding rules (part 2 of article 19 of the Constitution). These rules are general principles of law, are reduced to the fundamental principle of the rule of law, or follow from it. Penalization of criminal offenses should also be subject to these principles as one of the lawmaking directions of the implementation of criminal law policy, which consists in determin-ing the punishability of criminal offenses. Eight principles are derived from the fundamental principle of the rule of law, which must be enshrined in the criminal law, and which must obey not only the law enforcement level, but also the lawmaking level of the implementation of criminal law policy, and in all its directions. These are the principles: legality; legal certainty; equality before the law; proportionality; individuality; humanism; one-time; fulfill-ment of international obligations in good faith. Each of them has its own meaning for the implementation of the penalization of criminal offenses. The theoretical model for determining the punishability of criminal offenses should be a specially created on the basis of the provisions of the general theory of determining the punishability of criminal offenses, an ideal (such that exists in the idea) system of provisions on the punishability of criminal offenses, the necessary degree of similarity with the proposed one for enshrining in the legislation should be adequate for this. This model should include three blocks of provisions: first – on the list (system) of types of punishment, should be provided for in the criminal law; the second – about the content of each particular type of punishment; third – the provision on the punishability of individual criminal offenses, is determined in the sanctions of the criminal law.