LEGISLATIVE CONFIRMATION OF THE OBJECT OF CRIME IN UKRAINE

Autor: Petro Vorobey, Maksym Palii, Elena Vorobey
Jazyk: ukrajinština
Rok vydání: 2020
Předmět:
DOI: 10.5281/zenodo.4286945
Popis: The article analyzes important issues of ways to enshrine the object of crime in the law on criminal liability. The correct and timely application of the law in the practice of law enforcement and judicial bodies depends on the method of legislative description of the objects of criminal law protection, as well as the construction of criminal law norms and articles of the law on criminal liability. The possibility of fixing the object of the crime from the point of view of the social conditionality of the criminal law is being investigated. The issue of concretization of the object of the crime and the need to enshrine it in law is covered. Many public relations need to be clarified by law, where all constitutional rights and freedoms must be recognized as objects of criminal law. It isimportant to define the species object by the law on criminal liability, as many sections of the Special Part of the Criminal Code of Ukraine contain such objects. It is emphasized that one article contains one criminal law norm or norms that encroach on the same object. The best legislative approach would be a design in which one article would contain one criminal law. It is also necessary to develop units of crime. Such a unit may be a criminal law. Emphasis is placed on the imperfections of judicial practice in sentencing for crimes committed through negligence, which do not have significant differences and features. The lack of a unit of crime gave rise to the "theory of the absorption of one crime by another." The use of the unit of measurement of crime in practice would facilitate the solution of many issues of incrimination, qualification, release from criminal liability and punishment and ensure the constitutional rights and freedoms of man and citizen.  
Databáze: OpenAIRE