Drahan I. Philosophical and legal basis of reforming an implementation mechanism of criminal liability in modern Ukraine

In the thesis philosophical and legal research of problems of criminal liability efficiency and its implementation mechanism is performed. The essence and functions of positive (perspective) and negative (retrospective) criminal and legal liability are considered. Ways of reforming a mechanism of using the criminal liability, in particular domestic institute of punishments are proposed. Complete vision for the structure and functions of elements in the implementation mechanism of criminal liability (further – IMCL) is provided. A mechanism of using the criminal liability includes: – initial block (block of criminal regulations); – block of criminal procedure regulations and Law of Ukraine "On Operational and Search Activity"; – block of criminal justice and enforcement regulations, civil procedure rules, regulations of civil law, Law of Ukraine "On Enforcement Proceedings", and Law of Ukraine "On Probation". Criminal regulation is the normative and legal base on which all set of the rules of law providing implementation of criminal liability works further. Components that penetrate functioning of IMCL at each stage of criminal procedure are legal consciousness and legal culture of the persons participating in criminal proceedings.