punishment

The concept of punishment

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 principle of fairness of punishment

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.

Features of socio-psychological development of the person as the basis the emergence of criminal liability

Clarifying the socio-psychological aspect of a person always involves study of the patterns of formation of a certain internal structure person and its performance as a regulator of behavior. The formation of this structure of the person occurs gradually from the moment of its birth under the influence of various factors.

To be the subject of any social relationship, man must reach a certain level of psychophysical and social development, which will enable her to be aware of and control her behavior, and therefore be responsible for it.

On the question of individualization of punishment when its appointment

The article proves that the key to achieving the goal of punishment, in each individual case,
should be compliance with the general rules and algorithms for imposing punishment (in their
entirety), which are provided for in the Criminal Code of Ukraine.
Therefore, the provisions of Article 65 of the Criminal Code of Ukraine single out certain
principles of punishment. In particular, the court, while administering justice, imposes punishment:
1) based on the provisions of the General part of the Criminal Code of Ukraine; 2) within the limits

On the question of criminal organization as a form of compatibility

The article is devoted to the characterization of a criminal organization as a form of complicity.

Organized crime is a negative social phenomenon that is caused by social relations that arise as a result of human activity.

In the current Criminal Code of Ukraine, the criminal organization has found expression as the most dangerous form. The need to define this form of complicity, its typical and specific features is caused primarily by the rapid growth of organized crime. 

Concepts, types and general characteristics of corruption offenses

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.

Foreign experience in releasing minors from criminal liability and punishment with the use of coercive measures of an educational nature

Nowadays, juvenile delinquency is a very pressing issue for many countries around the world and particularly, a rather big problem for Ukrainian society on the territory of our state. The international community is extremely concerned about this issue and takes numerous measures and approves new legal acts to solve this problem. Therefore, Ukraine as a state that is on the path of integration into modern European society and the international community, it is essential to learn from more developed and humane neighbors.

Development of the doctrine of judicial disposal in the history of criminal law

The article analyzes the development of the doctrine of judicial discretion in the history of criminal law. It has been proven that most of the modern theories of judicial discretion are integrative in nature, reflected in modern criminal codes. For example, the French Criminal Code of 1992 relies on the ideas of the school of “new social protection” and on the concepts and institutions developed by the classical school (in the case of the classification of criminal acts, guilt, insanity).

Performance of punishment in accordance with the provisions of the General part of the Criminal code of Ukraine

The article is devoted to the analysis of sentencing in accordance with the provisions of the General Part of the Criminal Code of Ukraine. Based on the analysis of the Criminal Code of Ukraine and the positions of scientists, it can be concluded that the court in sentencing should take into account the following provisions of the General Part of the Criminal Code of Ukraine: the provisions of the Criminal Code of Ukraine (Article 1 of the Criminal Code).