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 139
- Downloads 0
Criminalization of crimes in human trafficking: international-legal aspect
One of the priorities of any state is to ensure rights and legitimate interests of citizens of Ukraine where they are. Human rights are the foundation of social relations and all aspects of humanitarian activities. Inter...
Procedural characteristics of stage the detention by authorized official person
The purpose of this article is the analysis of regulation in the article 208 of the Criminal Proceedings Law, and also investigation of characteristics of detention by authorized official person, as criminal proceedings...
The use of special knowledge in the investigation of crime against power and personality
The article is devoted to these of special knowledge during pre-trial investigation ninth investigation of criminal offenses against the will, honor and dignity of the individual. The article analyzes the main types of f...
Directions of improvement of legal regulation of organization of the use by investigator of confidential cooperation with other persons
The article deals with determination of problems and directions of improvement of the legal adjusting of the use to the investigators of confidential collaboration with other persons. The state of the legislative adju...
Accordance of breves of art. 66 and p. 1 of art. 68 of Constitution of Ukraine with theory of implementation of legal norms: pros and cons
While processing this paper the author put an aim to evaluate pros and cons concerning accordance of the normative and legal breves of the art. 66 and p. 1 of the art. 68 of the Constitution of Ukraine with the generally...