Levels of criminal law policy in the field of ensuring the protection of criminal justice bodies

Abstract

The article provides a comprehensive analysis of approaches to determining the levels of criminal law policy in the field of ensuring the protection of criminal justice bodies. The existing scientific concepts regarding the level differentiation of criminal law policy are examined, including doctrinal, programmatic, legislative, law enforcement, law execution, and scientific levels. An alternative approach that involves division into law-making, interpretative, and law enforcement criminal law policy is analyzed. Special attention is paid to the territorial criterion of criminal law policy distribution and the expediency of its application for research in the field of ensuring the protection of criminal justice bodies is substantiated. Based on the analysis of horizontal differentiation of criminal law policy into internal and external, a modified vertical-horizontal approach to distinguishing levels of criminal law policy in the studied field is proposed. According to this approach, a supranational (interstate) level corresponding to external policy and a state level covering internal policy and including national, regional, and local levels are identified. The specifics of the supranational level in the context of EU criminal law regulation and peculiarities of establishing international standards for ensuring the protection of criminal justice bodies are considered. Key international documents defining standards in the field of law enforcement and their influence on national legislation formation are analyzed. The necessity of a balanced approach to criminal law policy research is substantiated, which involves combining the study of institutional and functional aspects with the analysis of criminal law norms of a general-tendential nature