Concept of interest in criminal law of Ukraine: formulation of the problem
Journal Title: Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytety Vnutrishnikh Sprav - Year 2018, Vol 0, Issue 0
Abstract
For the first time in the science of criminal law, along with the rights and freedoms of the man and the citizen, as objects of criminal legal protection, the interest has been highlighted - the concept has not yet been investigated. It has been noted about the lack of attention of criminologists to the problem of criminal liability for crimes, the sign of which is an interest. It has been stated that the concept of interest, its legal nature and the distinction between human and civil rights and freedoms in criminal law are not defined, which may have a negative impact on the law enforcement level. The author has proved that the Constitution of Ukraine in Section II provides for more than thirty five rights and freedoms of the man and the citizen, while duties are slightly more than four. Such a disproportion between rights and duties of a person and the citizen in no way contributes to the protection of their security, since the absolute majority of ordinary citizens of Ukraine know not all of their rights, but their duties are either ignored or they do not really know them. It has been established that the concept of "interest" is used by the Constitution of Ukraine 19 times, public interest is much more prevalent than the private one. This is due to the fact that along with rights, freedoms, responsibilities of a person, society of the state and humanity is a category of interest. The legislator 90 times in the Criminal Code of Ukraine (as of November 2018) uses the term "interest" in the absence of any systematic use of the notion of interest in the current Criminal Code of Ukraine, which causes a whole range of both theoretical and practical problems of criminal liability for crimes, a sign of their corpus delicti is an interest. The above statement confirms the absence of comprehensive criminal-legal investigations of criminal liability issues for crimes, the feature of which is interest, which indicates the relevance of the topic and necessitates a comprehensive research.
Authors and Affiliations
Volodymyr Shablystyy
Keywords
Related Articles
- EP ID EP575942
- DOI 10.31733/2078-3566-2018-5-175-180
- Views 140
- Downloads 0
Features of formation of psychological sustainability and readiness of police officers in the course of shooting training
In the article the authors have considered range of problems of training is from the point of view of forming of technical and tactical actions in the conditions of short space of studies or small amount of the practical...
Public control by the activity of the judicial authority in the modern stage
The article analyzes public control over the activity of the judiciary at the present stage. The negative consequences of the lack of effective public control are the closeness of the judicial structures and the massive...
Offender’s identity as a element of forensic description of pumping
The author has exposed the identity of the offender as an element of forensic characteristics of the pimping. It is established that a set of certain data about the typical features of the subject of the crime allows the...
Subject of special tactics training of police officers, its content and task in modern terms
The article is about problems and prospects of formation in the modern legal science of the concept of the subject of tactical and special training of policemen. The peculiarities of the content and task of the tactical...
Control the ensuring discipline and legality in actictivities of public administration bodies
In the article the features of the control activities to ensure legality and discipline in the work of public administration. Control as a way to ensure law and discipline in public administration is one of the most impo...