Material and procedural aspects criminal liability in the context of the presumption of innocence
Journal Title: Правова позиція - Year 2018, Vol 2, Issue
Abstract
The Institute of Criminal Liability is one of the basic institutes of criminal law. Of particular importance is the problem of identifying the features of bringing a person to criminal liability, since it is precisely that criminal responsibility is the necessary means to ensure the law fullness and implementation of law and order protection against attacks by any individuals and directly affects the share of persons who are attracted to it. The presence of a large number of views on the institution of criminal liability is due, in particular, to the lack of a legal definition of criminal liability. However, in any case, it is necessary to understand what is a criminal responsibility and when it comes, because the correct understanding of responsibility is important both in the social, political and legal sense, plays an important role for the scientific development of the problem of individual rights, subjective rights to improve the legislation in this area, to increase the responsibility of state bodies, public organizations, and officials for their responsibilities. Given the lack of a unified view of what constitutes criminal responsibility and when the person should be regarded as being drawn to it, the issue of criminal liability remains relevant and requires constant analysis and research. The purpose of the paper is to carry out an analysis of the theoretical foundations of criminal responsibility, in particular, in terms of disclosing its concept, the relation between the concept of criminal liability and the notion of criminal punishment, determining the moment of bringing the person to criminal responsibility and investigating the institution of the presumption of innocence of the person.
Authors and Affiliations
Ш. Б. Давлатов, І. С. Коновальчук, В. І. Летучий
Keywords
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