THE CULTURE OF LAW-MAKING IN THE FIELD OF PUNISHMENTS: THEORETICAL AND APPLIED ASPECT
The author of the article attempts to theoretically substantiate and analyze the interrelation of the culture, law and lawmaking in the field of punishment. The attention is focused on the positive interrelation of such general scientific and legal categories as culture and lawmaking, justice and punishment. The necessity of increasing the level of culture of lawmaking through the implementation of the cultural requirements for this process is indicated. In this regard, the study of the culture of law-making in the sphere of punishments seems to be particularly important and relevant, because the rules of law, which are a kind of products of legal creativity, containing a measure of punishment, can and should be adopted as carefully and thoughtfully as it is possible in the format of cultural-organized law-making. Law-making, like any other human activity, should obey to a certain order, which does not prevent, at the same time, the disclosure of creative potential. The author of the article points to the need to present to the law-making process cultural requirements aimed at legal and technical improvement of the law-making process, improving the quality and effectiveness of legislation, expression in the law of its social nature and activation of the ability to clearly define the objectives of the adopted law. In particular, this applies to the sphere of punishment, which does not tolerate inaccuracies and errors, because the practical implementation of each theoretically developed sanction of the rule of law affects each concrete person, affects his fate. It is stated, that errors and defects in the legislation in this case are unacceptable. Legal creativity caused by a large number of socio-cultural factors should not ignore them and lose its connection with society. The effective designing in the law creativity process of a fair and humane punishment in legal creativity, which will later be enshrined in the law, is possible only if it is based on the socio-cultural nature of the law and is carried out at a high cultural and organized level.