Incentive Sanctions in System of Means of Criminal and Legal Character
Journal Title: Держава та регіони. Серія: Право - Year 2016, Vol 2, Issue
Abstract
In article incentive sanctions in system of means of criminal and legal character are allocated and investigated. Incentive sanctions are considered in connection with the dualistic nature of criminal liability. As a result of research the conclusion is drawn that incentive sanctions enrich the doctrine about system of means of criminal and legal character. The social value of incentive sanctions by way of exception, releases and/or mitigation of criminal liability and punishment, is caused by efficiency of the specified means as positive regulator of the public relations in the criminal sphere. In the doctrine of criminal right a look prevails to approval as on the repressive mean of legal character, which determines a kind and size of punishment for a crime, ponder able in disposition. The sources of this conception are based on exaggeration from all variety of the system of measures of criminal character exceptionally of the forced (punitive) influence which is used to the offender. The measures of criminal character are not closed criminal responsibility and punishment, by the punitive elements of influence. As their researchers specify grounded, legal measures are the system of receptions and methods of the forced and encouraging influence of the state on criminal practices (criminal offences, objectively criminal acts, abuse of right but other), good behavior, which are used on the basis of law, determined a cultural environment which was folded in concretely historical terms of development of society. More inclined to see researchers criminal responsibility two opposite sides (aspects): negative, with violation of criminals prohibitions and positive, that consists in execution criminal orders. On the whole it follows to consent that criminal responsibility it the type of legal responsibility, which is a process of realization of orders of burrow of penal law which shows up in the realized observance by the subject of criminal prohibition or implementation of the criminal duty or use them of the equitable right a subject (positive criminal responsibility); or in forced by a subject in interests of defense of law and order, related to the commission of crime and statutory privations and (or) limitations of his blessings of financial or immaterial character, and also certain a law negative consequences, related to the presence of previous conviction (negative criminal responsibility). In previous publications attention applied by us on the heterogeneous understanding the legislators of maintenance of positive aspect of criminal responsibility, that is why not deciding on this question will mark that responsibility in a positive aspect must be realized in concrete legal forms. It can not arise up out of the procedures set the state, to develop and halted.
Authors and Affiliations
П. В. Хряпінський
Keywords
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