SANCTION OF A CRIMINAL LAW NORM: LEGAL NATURE AND CHALLENGES OF STATUTORY DEFINITION

Abstract

The article provides a comprehensive analysis of the sanction of a criminal law norm provision as a key element of the provisions of the Special Part of the Criminal Code of Ukraine, exploring its legal nature, essence, and functional purpose. Particular attention is paid to theoretical approaches to understanding sanctions within the theory of law, their relationship with the disposition of a criminal law provision, and the role of the sanction in the mechanism of criminal law regulation. The study examines certain contemporary issues regarding the legislative definition of sanctions within criminal law provisions.
The article analyzes the types of sanction of a criminal law norm doctrine and the new principle of structuring sanctions in the draft Criminal Code. It is noted that the effective Criminal Code of Ukraine generally complies with international and European standards, although the certain ideological nature of its provisions – specifically regarding the definition and purposes of criminal punishment – must be acknowledged.
The article substantiates the necessity of refining the legislative approach to defining sanctions within criminal law provisions, taking into account the principles of the rule of law, legal certainty, and humanism. It proposes directions for improving criminal legislation in this field, specifically through the clear structuring of sanctions, ensuring their proportionality to the gravity of offenses, and unifying the approaches to their formulation. The study concludes that further scientific research is essential to enhance the effectiveness of sanctions within criminal law provisions