THE OBJECT OF CLASSIFICATION OF CRIMINAL OFFENCES UNDER CRIMINAL LAW IN UKRAINE AND IN POLISH REPUBLIC
Journal Title: Науковий вісник Херсонського державного університету. Серія «Юридичні науки» - Year 2018, Vol 1, Issue 5
Abstract
Carried out scientific research allowed to define the object of classification of criminal offences under criminal law in Ukraine and in Polish republic as unlawful, socially dangerous (socially harmful), guilty (intentional or recklessness) act committed by the subject of a criminal offense. This definition was created with the help of researching the institute of criminal offences in Polish republic and with a help scientific positions and draft laws that currently exist in Ukraine since highly defined institute at the legislative level in our country hasn’t been secured yet. The doctrinal positions of such scholars as: A. Vrublevskaya, A. Palchevska, L. Gardotsky, N.V. Miroshnichenko, T.J. Titova, V.M. Kuts, O. Banchuk were investigated. The draft law “On amendments to certain legislative acts of Ukraine regarding the simplification of pre-trial investigation of certain categories of criminal offenses” № 7279-д from 20.04.2018 was analyzed. Above mentioned draft law proposes to consolidate the definition of a criminal offense in part 1 of article 11 of the Criminal Code of Ukraine and to lay it out as follows: a criminal offense shall mean a socially dangerous culpable act (action or omission) committed by the subject of a criminal offense. In our opinion, this draft law envisages the most successful approach to the institution of criminal offenses in the Criminal Code of Ukraine. Features of criminal offenses, such as: act (action or omission), unlawfulness, social dangerous, guilt (intention or recklessness), subject of a criminal offense were also highlighted and reviewed. Criteria, which are guided by the European Court of Human Rights in assigning an act to a criminal punishment such as: criminal punishment of an act under national law (unlawfulness), legal nature of the act (the danger of an act, the general status of the subject of the offense, the judicial jurisdiction), the gravity of the punishment imposed for the committed offense, were investigated.
Authors and Affiliations
В. І. Лутчин
Keywords
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