Responsibility of special subjects of crimes under the criminal legislation of Ukraine: conformity with the principles of criminal law
Journal Title: Правова держава. Щорічник наукових праць (Pravova derzhava) - Year 2018, Vol 29, Issue
Abstract
The article is devoted to the problem of establishing conformity of the provisions on the criminal liability of special subjects of crimes to the fundamental principles of criminal law. The subject of a crime as a criminal-law institute is not homogeneous - in it separate types are allocated. One of them is a special subject of crime, which differs from the general subject by the presence, except for mandatory, additional features (criteria), from which the qualification of the crime depends. The norms governing the responsibility of special subjects must be consistent with the principles of criminal law, which are the basic principles of criminal legal regulation of the order of social relations: they are the basis of all norms of the General and Special Parts of the Criminal Code of Ukraine; on the basis of these principles should be built sanctions for the crime committed, etc. Considering into account the peculiarities of criminal liability of special subjects of crimes in view of certain additional features influencing the qualification of a committed socially dangerous act, it became necessary to determine the compliance of the provisions concerning the liability of such subjects, to the fundamental principles of criminal law. In order to clearly establish the presence / absence of such compliance, main criteria (features) were determined, according to which certain types of special subjects of crime are allocated in criminal law. Taking into account the essence of the principles of criminal law and the provisions of the Criminal Code of Ukraine as to the liability of the special subjects of crimes, it is obvious that the above provisions of the Criminal Code of Ukraine are not in conflict with the fundamental principles. The provisions on the criminal liability of the special subjects of crimes contained in the norms of the General and Special Parts of the Criminal Code of Ukraine are in accordance with the principles of criminal law and most fully implement the principle of equality of citizens before the law - to all those who committed a crime, without exception, if necessary, will be applied all the provisions of the Criminal Code of Ukraine, which will aggravating or mitigating the punishment, exempt persons from criminal responsibility, punishment and its serving, etc .; the principle of justice - when the special subject is attracted to criminal responsibility, all the additional signs that are relevant for the qualification of the crime and affect the formation of the offender’s personality are taken into account without exception in each particular case; the principle of humanism - certain additional features of the special subjects of the crime may affect the fact that the punishment can be reduced, or even at all, the person may be exempted from punishment or its serving.
Authors and Affiliations
Anna Landina
Keywords
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