soxumis saxelmwifo universiteti

kriminalizaciis cnebis da zogadad, kanonSemoqmedebis-Tan dakavSirebuli sakiTxebis gadawyveta sakmaod rTulisda Semdgom kvlevas moiTxovs.IRMA GABELIAFOR UNDERSTANDING THE IDEA AND THE ESSENCEOF CRIMINAL LAWMAKINGIn legal literature there is a popularized consensus of opinion thatcriminal legislation and associated with it criminalization should be consideredwithin the criminal policy. In our opinion, criminalization is a subjectnot of the criminal policy but criminal lawmaking which serves asan independent field. In spite of the fact that the legislative process includessuch political principles as a principle of “democraty” and “politicalexpediency” as well, it does not mean that the policiy is a unique basisof lawmaking. Criminal lawmaking is a variation of a constructiveprocess and a lawmaker is a subject of public practice. The outcome ofcriminal lawmaking is the development of new regulations or modificationof the existing procedures. Criminal lawmaking is an only independentcategory of creative ability where very difficult problems of criminalizationsshould be studied and solved.616