Specific features of the regulatory definition of incentive criminal sanctions for criminal offences and the ways to improve their application
Abstract
The subject matter of the article is incentive sanctions as a type of criminal law sanctions in the context of their application when a person commits such type of criminal offences as criminal misdemeanours. The study of such sanctions is aimed at identifying the problems of their regulatory definition and finding possible ways to improve these sanctions.
Given that there is a significant number of studies on incentive sanctions of the General Part of the Criminal Code of Ukraine, the article focuses on the sanctions of the Special Part of the Criminal Code of Ukraine which are incentive sanctions and may be applied for criminal offences. In researching this issue, the methods of analysis and synthesis, the dialectical method and the method of comparison were mainly used. The first study of the problems of regulatory certainty of incentive sanctions for criminal offences has been carried out, and the shortcomings of the regulatory definition of certain sanctions have been identified and the problems of their application have been clarified, taking into account the content of the dispositions of such articles.
Among the incentive sanctions of the Special Part of the Criminal Code of Ukraine, the sanctions contained in Part 3 of Article 175, Part 4 of Article 309, Part 4 of Article 311, Part 6 of Article 361 of the Criminal Code of Ukraine are considered. In the course of the study, the article reveals the shortcomings of the statutory definition of such sanctions with due regard to the dispositions of certain articles. Based on this, and taking into account the doctrinal approaches, the study provides substantiated proposals for improving the regulatory certainty of incentive criminal sanctions under these articles.
The suggested proposals may be considered in the course of rule-making and, if enshrined in the CC of Ukraine, will contribute to more efficient application of incentive provisions and achievement of the purpose of their application. In this regard, the problems of regulatory definition of incentive sanctions under Part 3 of Article 175, Part 4 of Article 309, Part 4 of Article 311, Part 6 of Article 361 of the CC of Ukraine are analysed and reasonable proposals for their improvement are made with due regard to the purpose of application of such sanctions.
Downloads
References
Mytrofanov, I. I. (2021, February 26). Sanctions of legal norms in the draft Criminal Code [Conference presentation abstract]. XI International Scientific and Practical Conference “Modern law in the era of social changes”, Kyiv, Ukraine.
Soproniuk, O. (2016). The concept of sanction in the theory of law. History & Law Journal, 1(7), 234–240.
Vecherova, Ye. M. (2015). Criminal sanctions through the prism of the main vectors of modern criminal policy of Ukraine (critical analysis of some novelties of the Criminal Code of Ukraine). Scientific Herald of International Humanitarian University, 13(2), 64–66.
Orlovska, N. A. (2012). Sanctions of criminal law norms: principles and principles of formation [Doctoral thesis, National University “Odesa Law Academy”].
Kotsan-Olynets, Yu. Ya. (2016, December 23). Functional direction of sanctions in law [Conference presentation abstract]. International Scientific and Practical Internet Conference “Actual problems of legal regulation in Ukraine and the countries of the near abroad (legal approaches to geopolitical realities)”, Lviv, Ukraine.
Khriapinskyi, P. V. (2016). Incentive sanctions in the system of measures of a criminal-legal nature. State and Regions. Series: Law, 2(52), 90–96.
Olieinichuk, O. M. (2014). Criminal law definition of the subject of the crime provided for in Art. 175 of the Criminal Code of Ukraine. Juridical Science, 9, 65–76.
Olieinichuk, O. M. (2016). Ways of improving the composition of the crime provided for in Art. 175 of the Criminal Code of Ukraine. Juridical Science, 4, 114–125.
Muzyka, A. A. (Ed.). (2017). The practice of applying the provisions of the Special Part of the Criminal Code of Ukraine by the Supreme Court of Ukraine. Center of educational literature.
Tereshchuk, S. S. (2012). Exemption from criminal liability under Part 4 of Art. 309 of the Criminal Code of Ukraine: problems of application and improvement of the incentive norm. Law and Society, 3, 213–217.
Khriapinskyi, P. V., & Shkola, S. M. (2021). Exemption from criminal liability as a means of crime prevention in the field of trafficking narcotic drugs, psychotropic substances, their analogues or precursors and other crimes against public health. National Technical University of Ukraine Journal. Political science. Sociology. Law, 1(49), 195–202. https://doi.org/10.20535/2308-5053.2021.1(49).233169.
Stupnyk, Ya. V. (2015). On the issue of exemption from criminal liability for crimes in the sphere of trafficking in narcotic drugs, psychotropic substances, their analogues or precursors. Uzhhorod National University Herald. Series: Law, 30(2), 123–128.
Kurman, O. V. (2017). Methods of unauthorized interference in the operation of electronic computing machines (computers), automated systems, computer networks or telecommunication networks. Law and Society, 4(1), 245–249.
Khavroniuk, M. (2022, April 29). Interference with information and communication systems: criminal liability. Centre of Policy and Legal Reform. https://pravo.org.ua/blogs/vtruchannya-v-robotu-informatsijno-komunikatsijnyh-system-kryminalna-vidpovidalnist/.
Copyright (c) 2024 A. S. Kobzina
This work is licensed under a Creative Commons Attribution 4.0 International License.
