FUNCTIONS OF CRIMINAL RESPONSIBILITY
Journal Title: Науковий вісник Херсонського державного університету. Серія «Юридичні науки» - Year 2018, Vol 2, Issue 4
Abstract
The article is devoted to the study of the concept, structure and normative principles of the functions of criminal liability, which represent the main directions of the implementation of criminal law influence on persons who have committed a criminal offense, in order to achieve a certain positive result. It is determined that the modern understanding of criminal responsibility makes it possible to distinguish three basic functions inherent to it, there is punitive, correction and preventive function among them. On the basis of the analysis of the content of punitive function, there is a conclusion drawn regarding the range of social values that belong to a person and are guaranteed by a social state, the impact on which during the application of criminal liability in general, and such a form as punishment in particular, is not allowed. One of the urgent problems of modern criminal law is the need to increase the effectiveness of criminal law influence on the behavior of the person who committed a criminal offense. Even a superficial analysis of judicial practice convinces that criminal responsibility has been and continues to dominate among all measures of criminal law influence. In addition, the Criminal Code of Ukraine edited in 2001 based on the assessment of its content, it is not coincidentally characterized by the legislator as the law on criminal liability. The problem solution of ensuring of the effectiveness of criminal liability is possible only if the useful traditions of legal regulation, which prove their vitality and expediency, are reserved. In this context, the statutory defined functions of criminal responsibility are subjected to investigation, the content of which requires some adjustment taking into account content characteristics of the principle of rule of law.
Authors and Affiliations
О. В. Козаченко, К. О. Колбіна
Keywords
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