Legal Functions of Instructions of Special Part of the Criminal Code of Ukraine about Release of the Person from Criminal Liability.
Journal Title: Держава та регіони. Серія: Право - Year 2016, Vol 1, Issue
Abstract
In article legal functions of instructions of special release from criminal liability which being consists in external impact of their essential qualities on the criminal legal relations which have arisen in connection with commission of a certain crime are defined and investigated. As the functions inherent in all special types of release from criminal liability are allocated: stimulating (motivational), recovery (compensation), precautionary (preventive) and educational functions. The stimulant (motivational) function of the special release from criminal responsibility consists in external influence on consciousness and will of person, which induces it to the positive variant of permission of conflict on the benefit and, certainly, in behalf of society. Objective and subjective factors which are related to satisfaction of necessities form reason of conduct as realized necessity of concrete useful effect. The objective factors of forming of reason are social, political, economic, organizational and other circumstances which do not depend on the subject of influence. To the human factors it follows to take necessities, interests and reasons. A recovery (compensative) function represents the orientation of the special release from criminal responsibility on comprehensive and complete renewal, public relations broken a crime. Proceedings in maintenance of public relation, change, in his structural elements make basic aintenance of this function. The preventive (prophylactic) function of encouragement appears in the exception of objects, which are used for the fiancé of heavy and especially grave crimes, report, about education and existence of criminal groups and criminal organizations, active assistance in an exposure and opening of crimes and other real example of positive permission of criminal conflict on the benefit and example other persons to operate exactly thus. An educate function consists in influence on wide public of society and forms a thesis about humanism of criminal legislation which not only punishes wine in a fiancé crimes of persons, but also to a great extent stimulates such persons to realized, independent. Influence on the personal and general consciousness of persons stimulates social of persons to the conduct. Summarizing will mark that exactly functional co-operation between the protective and encouraging norms of criminal legislation forms high-quality definiteness of the system of the special release from criminal responsibility, to execute its setting stimulant (motivational), recovery (compensative), preventive (prophylactic) and educate legal functions.
Authors and Affiliations
П. В. Хряпінський
Keywords
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