Registration Number
0225U002020,
(0122U002433)
, R & D reports
Title
Contemporary theoretical and applied issues of criminal legislation of Ukraine reforming
popup.stage_title
Сучасні теоретико-прикладні проблеми реформування кримінального законодавства України
Head
Burdin Volodymyr M, д.ю.н.
Registration Date
14-02-2025
Organization
Ivan Franko National University of Lviv
popup.description1
Determination of theoretical and applied issues of reforming criminal legislation of Ukraine at the present stage of its evolution and developing the scientifically justified proposals, aimed at solving these problems from the point of view of the appropriate criminal legal protection of human rights.
popup.description2
A number of current problems of criminal, criminal enforcement law and criminology have been investigated, and the optimal ways of their solution have been substantiated. The need to rethink the relevant provisions of the draft Criminal Code of Ukraine on the regulation of measures of criminal law influence (criminal legal means) in the context of compliance with the principles of criminal law is substantiated, since a departure from the principles of law in lawmaking can lead to significant negative consequences. In addition, it has been investigated that the Convention for the Protection of Human Rights and Fundamental Freedoms provides certain standards (international legal obligations of the state) regarding criminalization, namely: 1) ensuring proportionality of interference with human rights and freedoms during criminalization; 2) the obligation to criminalize acts that cause harm to certain human rights and freedoms guaranteed in the ECHR; 3) the obligation to enshrine the results of criminalization in a law that meets the requirements for its quality in the context of the principle of legality. The nature of the mechanism for implementing prohibitive criminal law norms has also been investigated. It has been found that a prohibitive criminal law norm can have various effects on social relations, in particular social ones, but the key role is played by the legal influence of the prohibitive criminal law norm and, accordingly, its mechanism of influence on the behavior of the subject. Due to the effectiveness of the mechanism for implementing prohibitive criminal law norms, the properties of norms are transferred to the orderliness of social relations by ensuring the lawful behavior of subjects.
Keywords: measure of a criminal law nature; crime; criminal liability; criminal legislation of Ukraine; criminal offense; criminal misdemeanor; criminal legal qualification; punishment; probation; reform of criminal legislation; system of punishments; corpus delicti.
Product Description
popup.authors
Burdin Volodymyr M.
Kryklyvets Dmytro Ye.
popup.nrat_date
2025-02-14
