Deprication of the criminal ban

Autor: Hazdayka-Vasylyshyn Iryna Bogdanivna1, Gapchich Vitaliy Oleksiivuch2, Marin Oleksandr Kostiantunovuch3, Romantsova Svitlana Vasulivna4, Sozanskyi Taras Ivanovuch5
Jazyk: angličtina
Rok vydání: 2021
Předmět:
DOI: 10.5281/zenodo.6287700
Popis: In the article, based on the analysis of theoretical views and legislative practice, a hypothesis is put forward about the existence of such a phenomenon in legal regulation as the devaluation of the criminal ban. The effectiveness of criminal law and its impact on the state of crime is an urgent issue not only for Ukraine but also for any country in the world. Excessive attention to the criminal law on the part of the legislator and attempts to resolve socio-political and economic issues by adjusting the criminal legislation cause, the strengthening of the criminal ban, which ultimately leads to such a negative phenomenon as the devaluation of the criminal ban. The publication identifies areas where such devaluation is possible and provides relevant examples. The article attempts to identify measures to stop the devaluation of criminal prohibitions, among which the most appropriate is considered to be compliance with the principle of ultima ratio. The article considers the current content of this principle in the criminal law doctrine. Human dignity is stated as an ultima ratio measure, and compliance with this principle will stop the devaluation of criminal prohibitions.
Databáze: OpenAIRE