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

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Kryzhanovskyy A., Maskovita M. “Features of socio-psychological development of the person as the basis the emergence of criminal liability.”

Institute of Jurisprudence and Psychology Lviv Polytechnic National University
Institute of Jurisprudence, Psychology and Innovative Education, Lviv Polytechnic National University, Department of Criminal Law and Procedure, PhD.

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.

Such is the gradual development of man as a conscious subject of society life, determines the attempts of the legislator to establish as one of the guarantees the principle of culpable liability, its age limits. Thus the legislator tries to exclude from the scope of criminal law measures children and adolescents, whose typical level of development generates irrefutable doubts that they are in the commission of acts prohibited by criminalby law, were aware of the nature and significance of their actions or guided them in situations of choice.

Neither the Criminal Code of 1960 nor the Criminal Code of 2001 provide for any features criminal liability for persons aged 18 to 21 (mature youth). However, this is the approach of the Ukrainian legislator to this category of persons can hardly be considered correct. Today, when Ukraine is trying to integrate with the international community, the latter requires the harmonization of national legislation in accordance with international standards. These standards are enshrined in the international legal acts of the universal character. One of the most important acts that determine the basic principles of criminal liability of minors are Minimum UN standard rules concerning the administration of justice minors (Beijing Rules). In item 3.1. of these Rules states that States must make efforts to disseminate the principles set out in the Rules, on young adult offenders [14, p. 286]. Therefore, the amendment of the Criminal Code by such an instruction will be in full compliance with the Beijing Code rules.

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