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
Related Articles
- EP ID EP600807
- DOI -
- Views 70
- Downloads 0
ACCUSED’S TESTIMONY AND STATEMENTS IN JURISPRUDENCE OF INTERNATIONAL CRIMINAL COURTS AND TRIBUNALS
The article analyses jurisprudence of the international criminal courts and tribunals concerning accused’s testimony under the oath and unsworn statements. In particular, the article addresses such issues as applicabilit...
Problems of formation of axiological, methodological and framework principles of human rights in the field of waste management
In the article it was considered the problems of forming of axiological, methodological and framework principles of human rights in the field of waste management. It was formulated the conclusion that the current legisla...
Legal and organizational support for participation of Ukraine in international cooperation regarding counteraction of customs offences
The article analyzes international and local legal acts, regulating issues of cooperation of countries and international organizations in counteraction of customs fraud and other offences in the customs sphere. The evolu...
Comparative legal analysis of criminal liability for bribery provocation legislation of Ukraine and foreign countries for bribery legislation Ukraine and broad
Dedicated to comparative legal analysis of criminal law on bribery provocation legislation of Ukraine and foreign countries as well as the formation on the analysis of proposals to improve the national legislation in thi...
Analysis of modern researches regarding customs procedures in transport in Ukraine
The article is devoted to the analysis of scientific achievements of Ukrainian scientists and practitioners regarding the interpretation and operation of “customs procedures” notion. It is established that in the dissert...