The article reveals the concept and legal nature of the institution of exemption from punishment and its serving since this institution is closely related to both the purpose of punishment and the tasks of criminal responsibility in general. In this regard, exemption from serving a sentence requires a more detailed study.
The system of dealing with children in trouble with the law has existed for more than a century, starting with the creation of separate institutions for juvenile delinquents and "at-risk" children, which was soon followed by a series of regulations. Although different models have been in place from the very beginning, the predominant approach has been one focused on ensuring the well-being of the child, i.e. ensuring the best interests of the child.
Juveniles who have committed criminal offenses are a subject of close observation for criminologists, human rights activists and society as a whole. One particular aspect is the judicial practice whereby minors can be sentenced to certain types of punishment without isolation from society, such as suspended sentences, fines, community service, and correctional labor. This practice has its pros and cons that need to be considered from a criminological perspective.
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.
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.
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
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.
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.
The nature and humanity of life imprisonment are considered in the scientific sense. The article clarifies the concept of life imprisonment in accordance with the available legal and scientific sources, which have a conceptual nature: “Life imprisonment is the most severe measure of coercion of the main types of punishment, which according to Art.