This article analyzes the concept of «corruption» as a complex phenomenon that negatively affects all aspects of social life and consciousness, undermining the foundations of social values and state authority. The authors draw attention to the lack of a single definition of corruption in international documents, which calls for a deeper analysis and understanding of corruption.
The question of strict differentiation of responsibility and punishment in the legal literature arose at the turn of the 50-60's. Until 1958, the legislation did not generally consider criminal liability separately from punishment. An article appeared in the Principles of 1958 and the Criminal Code of the Ukrainian SSR in 1960, which provided the grounds for exemption from criminal liability and punishment. This was a confirmation, that the legislator does not equate criminal liability and punishment, but follows the path of distinguishing these concepts.
The principles of sentencing are a separate category of criminal law. Opinions of scholars on the definition of the principles of sentencing and their types differ. It is impossible to formulate a specific exhaustive list of types of such principles. There may be many. However, in the criminal law literature, all researchers of the problem of sentencing must include the principle of justice in the types of principles of sentencing.
The article indicates that the honor and dignity of a person is an important factor and an integral component of his constitutional rights and freedoms. Starting from antiquity, in many normative legal acts such as Roman law, Digests of Justinian, the legislation of Kievan Rus, and other European states, the desire to protect the rights, honor and dignity of privileged social classes, and later also of free people, through the legislative policy of the state, can be traced.
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.
In the article, based on a systematic approach, a scientific and methodological analysis of the
definition of the mechanism of combating crime as a multilevel hierarchical system is made. It is noted
that each level of construction is determined by its own set of elements, which can be traced by
considering the counteraction of crime in those aspects, which reflect the side social processes and
corresponding forms of criminological influence with their characteristic mods (methods, means,
Abstract. The article is devoted to the concept, types and general characteristics of corruption offenses, as corruption is one of the most persistent negative phenomena in the activities of public authorities and administration. It affects all spheres of public life, contributes to the spread of organized crime, creates social tension, creates uncertainty in the population's ability to take organizational and practical measures to overcome the systemic crisis and revive Ukraine.
The article deals with the consideration of theoretical approaches to the definition of legal prevention in the context of broad and narrow understanding. Various scientific approaches to the definition of the term legal prevention in terms of criminal, criminal procedural, civil, administrative, labor law have been investigated. The essence of the concept of legal prevention as prevention, prevention and all the basic aspects related to the legal regulation of the legal phenomenon under investigation are revealed.