soxumis saxelmwifo universiteti soxumis saxelmwifo universitetis ...

IRMA GABELIA
iuridiuli fakulteti — 30
CRIMINALIZATION AND ITS ADJACENT PROCESSES
AS INDEPENDENT DIRECTIONS OF CRIMINAL LAWMAKING
In legal literature there is a popularized consensus of opinion that criminal
legislation and associated with it criminalization should be considered within
the criminal policy. In our opinion, criminalization is a subject not of the
criminal policy but criminal lawmaking which serves as an independent field. In
spite of the fact legislative process includes such political principles as a principle
of,,democraty’’ and ,,political expediency’’ as well, it does not mean that
the policiy is a unique basis of lawmaking. Criminal lawmaking is a variation of
constructive process and lawmaker is a subject of public practice. The outcome
of criminal lawmaking is the development of new regulations or modification of
the existing procedures. Criminal lawmaking is an only independent category of
creative ability where very difficult problems of criminalizations should be studied
and solved.
122