THE OTHER CRIMINAL-LEGAL CONSEQUENCES OF COMMITTING SOCIALLY DANGEROUS ACTS

被引:0
作者
Borisov, Vyacheslav, I [1 ]
Batyrgareieva, Vladislava S. [2 ]
机构
[1] Natl Ukrainian Acad Law Sci, Academician Stashis Sci Res Inst Study Crime Prob, Kharkov, Ukraine
[2] Natl Ukrainian Acad Law Sci, Academician Stashis Sci Res Inst Study Crime Prob, Sci Work, Kharkov, Ukraine
来源
RUSSIAN JOURNAL OF CRIMINOLOGY | 2014年 / 04期
关键词
Punishment; other criminal-legal consequences; compulsory measures of a medical and educational nature; special confiscation;
D O I
10.17150/1996-7756.2014.8(4).125-139
中图分类号
DF [法律]; D9 [法律];
学科分类号
0301 ;
摘要
The article studies the issue of defining the concept of "the other criminal-legal consequences", which is not yet disclosed in the criminal legislation of Ukraine. At the same time, it argues that despite the fact that the legislator tried to give more certainty and clarity on the issue of legal regulation of this institution in the Criminal Code of Ukraine in 2001, only by a systematic interpretation of legal material, analysis of doctrinal developments and research into the history of legislative decisions of this problem in different periods of development of our state a list of criminal-legal consequences other than punishment can be established. Systematic interpretation of the provisions of the law on criminal responsibility leads to the conclusion that this list is presented by the other criminal-legal measures (Sec. XIV of the Criminal Code of Ukraine), criminal-legal measures on corporate entities (Sec. XIV of the Criminal Code of Ukraine) and educational compulsory measures (Sec. XV of the Criminal Code of the Ukraine). The article describes the theoretical approach to the problem of establishing the components covered by the concept of "the other criminal-legal consequences", content and objectives, bases, conditions and procedures for the application of these consequences in the national legislation. The author reviews the basic positions on this issue of the criminal-legal doctrine of Ukraine. Relevant approaches in theory and practice of the Russian Federation, some post-Soviet states, and in the criminal law of Western Europe and North America countries are simultaneously analyzed in the article. It is concluded that the Criminal Code of Ukraine dated 2001 regulates the use of coercive measures of medical and educational nature in more detail than the previous law on criminal responsibility. The study of national scientific sources indicates that the problem of the other criminal-legal consequences is still far from its final decision, because the Ukrainian criminal-legal science currently uses narrowly pragmatic approach that focuses on comprehensive disclosure, but only of one kind of the other criminal-legal consequences. In addition the paper analyzes relevant legislative innovations in the current Criminal Code of Ukraine. Particular attention is given to the establishment of the legal nature of the special confiscation and corporate entities responsibility.
引用
收藏
页码:125 / 139
页数:15
相关论文
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