Formation of the exercise of the course in the history of the criminal law of ukraine durvolutionary period
Journal Title: Науковий вісник Міжнародного гуманітарного університету. Серія: «Юриспруденція» - Year 2017, Vol 30, Issue 2
Abstract
The article is devoted to the study of the institution of complicity in the historical aspect (the end of the XIX beginning of the XX century). The development of complicity in Ukraine as an independent institution of criminal law.The Institute of Participation is one of the most complex in the theory of criminal law. Despite the fact that the development of this issue we meet in the time of Roman law, many of the problems with the responsibility of accomplices remain controversial, which causes discussion and creates some difficulties in qualifying complicity crimes, as well as to determine the limits of criminal liability and punishment. Every criminal law concept is a reflection of existing social realities; therefore, it is expedient to begin studying its essence, forms and varieties from the moment of occurrence of these phenomena, taking into account all the features of specific criminal acts and general laws that operate in a concrete historical phase of the development of society. In our opinion, the study of issues of complicity should begin with the sociological and criminological analysis of this phenomenon, because as a status of legal norms, any social phenomenon can be acquired only after its criminological assessment, the determination of the determinants of origin and conditions of development. Therefore, considering the institution of complicity through the prism of criminological knowledge, it is appropriate to focus on the study of the historical aspect of its development, especially taking into account the benefit of historical experience, which contains a large number of conceptual ideas used by scientists in the field of criminal law for further improvement of the current legislation.
Authors and Affiliations
Ю. В. Абакумова, І. М. Грозовський
Keywords
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