RECEPTION OF PUNISHMENT OF ANCIENT ROME IN UKRAINIAN LEGISLATION
Journal Title: Правовий часопис Донбасу - Year 2017, Vol 59, Issue 1
Abstract
The article studies the features reception punishment Institute of Ancient Rome in Ukrainian legislation. The authors found that among legal reform is extremely important improvement of the institute punishment, because punishment affects not only the person convicted and his inner circle, but also a number of social processes in the country. However, for the proper conduct such reforms should take into account past experience. Different historical periods in his own determined the works relating to the crime, but traditionally the main tool in the fight against crime was always punished. Changed only their types and the system depending on which social and economic structure were society. Believes that Roman law had a tremendous influence on the formation of the Institute of Europe of penalties in general and Ukraine in particular, because it has passed difficult stages of reception and laid the foundation of Western European legislation. Article found that the formation and development research institute criminal punishment belongs lawyers ancient Rome as their criminal law characterized by the most developed system of law. Criminal Law at this time has not stood out in a separate branch of law, preserves certain features of tribal remained and was closely associated with religion. Customs and traditions are a priority in determining punishment for crimes. Found that in ancient Rome penalties were anti-human and anti-human (death penalty, expulsion, corporal punishment) is because these penalties have lost their importance in modern society. Based on the analysis of Roman and Ukrainian legislation found that common penalties are: fines, community service, imprisonment and confiscation of property. Proved that the punishment was and still is a forced measure necessary in implementing an effective fight against crime.
Authors and Affiliations
Viktoria Grishko, Maria Okereshko, Ivanna Romaniuk
Keywords
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