G Principals of Criminal Law: International Legal Aspect

Defining the concept and the essence of the general principles of criminal law is important for the international law, since such definitions allow laying down the international general principles of the criminal law that should be embodied in the national criminal law. The purpose of this research is to define the essence and significance of the principles of criminal law at the national and international levels, as well as to work out the issue concerning their regulation by the current criminal law of Ukraine. Since the principles of criminal law are important for drafting the most effective criminal regulations, while the very criminal law requires a constitution to be extended to the matter and an enhanced globalization process, we consider it necessary to settle a separate international criminal law establishing the concept and the essence of the principles of criminal law. In particular, we propose to extend the European Convention for the Protection of Human Rights and Fundamental Freedoms with a separate law establishing the general principles inherent in the practice of the European Court of Human Rights. This recommendation is universally applicable, so it may be realized in the national criminal law, including the Criminal Code of Ukraine. This change will contribute to more effective international and national criminal law enforcement, will bring the law enforcement protection to a new level and will open new prospects for further research in the field of criminal law science, particularly on shaping the u