ДО ПИТАННЯ ЩОДО УТОЧНЕННЯ ЗМІСТУ ОХОРОННОЇ ФУНКЦІЇ КРИМІНАЛЬНОГО ПРАВА
THE ISSUE OF CLARIFYING THE ESSENCE OF THE PROTECTIVE FUNCTION OF THE CRIMINAL LAW

Summary/Abstract: Having examined contemporary juridical literature, the authors analyse the content of major doctrinal conceptions regarding determining the functional orientation of the criminal law, as well as consider the protective and regulatory functions of the criminal law. The authors have proven that the protective and regulatory functions together imply the essence and content of a mechanism of the criminal legal regulation. The authors have disclosed that the regulatory function primarily accomplishes tactic goals while the protective one ensures the normal existence of social relations and fosters their development. It is embodied in the criminal policy, i.e. activities of governmental agencies in fighting against crime and achieving goals of the criminal law. The authors have ascertained that, from the standpoint of its essence, the protective function of the criminal law is more comprehensive than its contemporary definition in literature. This function consists of three elements: a) safeguarding social relations, which are protected by the law, from offences; b) precautions against (prevention of) committing crimes and c) renewal of social relations violated (disrupted) in committing an offence. Each of these elements aims at attaining own result in performing the protective function.

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