SPECIFYING THE CONTENT OF GOALS OF THE CRIMINAL CODE OF UKRAINE AS AN IMPORTANT COMPONENT OF THE CRIMINAL LAW REFORM Cover Image

УТОЧНЕННЯ ЗМІСТУ ЗАВДАНЬ КРИМІНАЛЬНОГО КОДЕКСУ УКРАЇНИ ЯК ВАЖЛИВА СКЛАДОВА РЕФОРМИ КРИМІНАЛЬНОГО ПРАВА
SPECIFYING THE CONTENT OF GOALS OF THE CRIMINAL CODE OF UKRAINE AS AN IMPORTANT COMPONENT OF THE CRIMINAL LAW REFORM

Author(s): I. O. Zinchenko, Ye. V. Shevchenko
Subject(s): Criminal Law, Government/Political systems, Penal Policy
Published by: Національний юридичний університет імені Ярослава Мудрого
Keywords: functions of criminal law; functions of the law on criminal liability; goals of the Criminal Code; legal protection; provision of legal security; social relations;

Summary/Abstract: The article is dedicated to ascertaining the role and importance of criminal law for the government, society, and a person at the current stage of their development. Drawing on analysis of historical documents of the domestic legislation, as well as contemporary requirements, the authors indicate goals of criminal law considered through the prism of attitudes regarding a reciprocal legal relation between a government and an offender. Taking into account contemporary juridical literature, the authors examine the content of the main doctrinal conceptions on determining the functional focus of criminal law, as well as goals of the law on criminal liability. Having analysed the scientific conceptions, the authors prove that functions of criminal law and functions of the law on criminal liability are mutually stipulated categories. The made conclusions are disclosed in de lege ferenda propositions for requirements disclosed in Part 1 of Article 1 of the CCU.

  • Issue Year: 2/2020
  • Issue No: 41
  • Page Range: 145-160
  • Page Count: 16
  • Language: Ukrainian