Trends of the Institute of criminal defenses in Ukrainian criminal law
Journal Title: Правова держава. Щорічник наукових праць (Pravova derzhava) - Year 2016, Vol 27, Issue
Abstract
The article set objectively existing tendency of expansion of the list of statutory criminal defenses. This will not only contribute to the improvement of legal regulation, but also reduce crime, because the conditions of legality of acts committed in circumstances precluding their crime, should be known and understood by all citizens. In the context of scientific and techni- cal progress, in the presence of other objective conditions are sufficient legal grounds, a large prevalence of certain actions and the will of the legislator, the institution has a significant potential. Jnly the law of criminal responsibility is a legal act that determines which acts are criminal and penalties may be imposed for its commission. The issue of criminal responsibil- ity and its exclusion is the prerogative of the criminal law. But today such circumstances as the realization of their rights, and their professional responsibilities, consent of the victim is not covered by criminal law, like many others that are mentioned in the criminal legal doc- trine: the implementation of the law or judgment, conflict of duties legitimate use of physical force, special means and weapons permitted self-help, exercise the right to education of chil- dren, medical experiment more. It first examines the circumstances often scientists and crim- inologists: realization of their rights, their professional (and sometimes official) functions, the consent of the victim.Disprove scientific position, which was in denial should be included in the list of criminal defenses, the implementation of a mandatory order, justified risk, and oth- ers that are already contained in the current Criminal Code of Ukraine. There are prospects for legislative consolidation and other factors, in particular the consent of the victim, the implementation of professional features, to exercise their right. The necessity of amending Article 36 of the Criminal Code of Ukraine concerning the right of the court to recognize exceptions to criminality, and other circumstances that are not listed in Section VIII of the General Part of the Criminal Code.
Authors and Affiliations
Ganna Andrusyak
Keywords
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