Registration Number
0214U008909,
0111U009267
, R & D reports
Title
Adaptation of Ukraine's legislation to legislation of the European Union
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Head
Nikitin Yuriy Viktorovych,
Registration Date
10-12-2014
Organization
National Academy of Management
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The basis of this study were: the analysis of the rules of criminal law from the perspective of their preventive effect; the impact of changes in criminal legislation on the effectiveness of the rules of criminal law in the prevention of crime; judicial data statistics and public opinion on the effectiveness of rules of the criminal law in preventing crime. Public relations in the field of legislation, combating crime and integration of Ukraine to the European Union legislation were the object of research. The purpose of research is the development of complete effectiveness concept of the criminal law in preventing crimes that contains the formulation of proposals for their improvement taking into account the requirements of the Constitution of Ukraine and international instruments on human rights. Research methods were chosen according to the purpose and tasks of research, taking object and subject into account. The dialectical method and based on it separately and general scientific-research methods were the theoretical background of this research. Thus, the system-structural analysis, formal-logical and documentary methods were used for studying the effectiveness of the criminal law in preventing crimes in Ukraine. Special theoretical methods of investigation were: historical and legal methods that made it possible to show the historical origins and development of the application of penalties; comparative legal method that was used in the comparison of penalties of the Ukrainian Criminal Code to the Criminal Code of foreign countries; statistical method that was used to justify the theoretical positions of research by judicial statistics and other statistical information about the activities of the court, prosecutor's office and MIA departments; sociometry method that was used in determining the parameters of the survey among the citizens and law enforcement personnel and the processing of the data. The empirical bases of research were the statistical reports of the State Judicial Administration of Ukraine and law enforcement agencies of Ukraine in recent years. Public opinion research was analyzed using questionnaires on a representative sample from 511 Kyiv residents and 275 investigators from Kyiv and Kyiv region. This allowed ensuring sufficient representativeness of the research. Authors used a range of ideas, generalizations and conclusions of native and foreign scholars in the field of criminology, criminal law, criminal procedure, philosophy, theory of law, psychology, sociology and other sciences. The legal bases for the study were the Constitution of Ukraine, the Criminal Code of Ukraine, the Criminal Procedure Code of Ukraine, other legislative and regulatory legal acts in force on the territory of Ukraine from the ancient times to the present; Resolutions of the Supreme Court of Ukraine related to the criminal law. Corresponding legislation of the USSR, near and far abroad countries was used too. A variety of sources and methods in the analysis and synthesis of theoretical research and practice had identified a number of issues, related to improving the efficiency of the criminal law in preventing crime. The scientific novelty of research consists in the fact that complexity, nature and content of the issues in point based on the analysis of the effectiveness of criminal law in the prevention of crime, public opinion on the effectiveness of responses to crime, the level of solidarity of citizens and public organizations in the legal assessment of the social danger of some of the most serious types of crime and the severity of the sanctions provided for their commission allowed to propose appropriate measures to enhance the effectiveness of the criminal law in the prevention of crime. The paper substantiates the number of new theoretical propositions and conclusions that enhance scientific understanding of the concept of crime prevention effectiveness of the criminal law and the effectiveness of the constituent elements of criminal law in the prevention of crime.
Product Description
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Архіпова К.С.
Бєліков Ю.М.
Вітко О.Ю.
Гіда Є.О.
Дараганова Н.В.
Дорохіна Ю.А.
Звоненко О.О.
Карпенко М.І.
Ковалевська Є.С.
Курилюк Ю.Б.
Липець Л.В.
Матвійчук А.О.
Матвійчук В.К.
Матвійчук О.В.
Нікітін Ю.В
Прилуцький Р.Б.
Присухін С.І.
Радзівілл О.А.
Салій П.І.
Харь І.О.
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2020-04-02
