ВПЛИВ ТРАДИЦІЙ РИМСЬКОГО ПРАВА НА РЕГУЛЮВАННЯ КРИМІНАЛЬНОЇ ВІДПОВІДАЛЬНОСТІ В УКРАЇНІ
INFLUENCE OF TRADITIONS OF ROMAN LAW ON THE REGULATION OF CRIMINAL LIABILITY IN UKRAINE

(ON THE EXAMPLE OF ANALYSIS OF CERTAIN MITIGATING CIRCUMSTANCES CONTAINING CRIMINAL PUNISMENT UNDER THE PRINCIPLES OF CODE 1743, “RIGHTS, UNDER WHICH LITTLE RUSSIAN LITIGATE” AND THE PRINCIPLES OF THE VALID CRIMINAL CODE OF UKRAINE)

Summary/Abstract: This article presents the results of the study of certain aspects of the institution of mitigation of punishment in public Roman law, which are reflected in the provisions of one of the most famous codifications of the Ukrainian law of the first half of the XVIII century “Rights, under which the Little Russian litigate”, as well as in the valid Criminal Code of Ukraine. The main list of mitigating circumstances under Code 1743 was studied, a criminal-legal analysis of the above circumstances was carried out taking into account the historical features of the contemporary legal system. This article contains a detailed description of the aforementioned circumstances that have mitigated punishment in accordance with the provisions of Code 1743, the illegal and factual contentis disclosed. The scientific views of various scholars (in particular, such as Burdin V. M., Grigoriev M. Y., Podoprigora O. A., Kharitonov E. A., Tulyakov V. O., Makarenko A. S., Fedushchak-Paslavskaya G. M., Havronuk M. I.) who investigated the conditions for mitigating punishment under the provisions of Code 1743 have been considered. A comparative analysis of the contents of the basic principles of classical Roman law, the certain provisions of “Rights, under which the Little Russian litigate”, and the provisions of the valid Criminal Code of Ukraine regarding mitigation of punishment for certain categories of persons to whom it could be applied have been carried out. The conclusionis drawn about the importance of the significance of classical Roman law and its role in the process of forming the institution of the Criminal law of Ukraine over a long historical period.

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