The article is devoted to the analysis of the main models of criminalization of acts.
Based on the principles and grounds of criminalization (decriminalization), the legislature creates a new criminal law (or, conversely, changes or repeals the existing one). At the same time, preliminary models of the new norm are being developed, which must meet different, sometimes contradictory requirements.
The current system of liability in the field of investment activity is considered in the article. It is proved that the legal institute of liability is an obligatory element of the mechanism of legal regulation of investment relations, as it directs the actions of all subjects of investment activity to lawful behavior.
The article is devoted to the analysis of severe resentment as a circumstance that can cause a state of strong emotional excitement.
The article is devoted to the analysis of objective signs of complicity in a criminal offense.
Objective signs of syphoning are characterized by: a) kilkic sign; b) a yakic sign; c) a single wrongful deduction for all spying students; d) a causal link between the spitting speakers and a single opposite result. The remaining two signs are indispensable for criminal offenses with a material warehouse.
The article analyzes the issue of preventing juvenile delinquency in Ukraine. It turns out that not always punitive - repressive concept of juvenile delinquency brings a positive result, and, in some cases, on the contrary, leads to the recurrence of criminal offenses.
The low efficiency of work on identifying and prosecuting perpetrators of criminal offenses contributes to the systematic evasion of punishment by criminals. This creates the conditions for new illegal acts and increases the threat to human security.
The article deals with the concept of coercive measures of a medical nature, not related to isolation.
The article is devoted to the causes, types and consequences of false criminalization. One of the problems with the criminalization of socially dangerous acts is that various factors can lead to incorrect or so-called erroneous criminalization. Its types are: 1) unjustified criminalization; 2) excessive criminalization; 3) incomplete criminalization; 4) incorrect criminalization. Unjustified (unjustified) criminalization is the recognition of an act as a criminal offense, which is not characterized by sufficient for criminalization nature and degree of harm (danger).
The article is devoted to the history of the formation of criminal law on the detention of a person who has committed a criminal offense. In the history of domestic criminal law, the first circumstance that excludes the criminality of the act was the state of self-defense, which can be found in “Russian Truth” (Article 26), “Military Article” in 1715 (Article 156), “Regulations on criminal and correctional punishments” of 1845 (art. 107), etc.
The article is devoted to the relationship between the concepts of “general principles of sentencing” and “principles of sentencing”. In criminal law, the concepts of “general principles of sentencing” and “principles of sentencing” are used in parallel. At first glance, these concepts seem identical. Principles are often defined through general principles, and vice versa – general principles through principles.Common in the legal literature is the position that the general principles have their source in a separate principle of sentencing or a combination thereof.
Abstract. The article is devoted to the delimitation of the concepts of a group of persons by prior agreement, a group of persons and an organized group. It is proved that a lot of difficulties in legal science are caused by the distinction between a group of persons by prior conspiracy and an organized group. In view of this, we consider it expedient to establish differences between these forms of complicity through the disclosure of the characteristics of a group of persons by prior agreement and an organized group.