Social Determination of Criminal Responsibility for the Guardianship Abuse
Journal Title: Держава та регіони. Серія: Право - Year 2016, Vol 1, Issue
Abstract
In the article attention to social conditionality of existence and subsequent preservation in the Criminal Code of Ukraine a norm of the Art. 167 that sets criminal responsibility for guardianship abuse is paid. Social conditionality of any criminal law norm provides account during its creation and existence of many factors. Based on the characteristics of the considering offense it was concluded that to determine social conditioning is sufficient and appropriate allocation of four groups of factors: social, regulatory, institutional and criminological. The peculiarities of those factors are covered. Social factors (importance for people living in the family, negative consequences of absence of family surroundings in the life of individual, prevalence of the Institute of guardianship and custody) show importance of relationships that provide normal existence, development of the wards in the community. Regulatory factors reflect the system of legal regulation of relationships that provide normal existence, development of the wards through the Constitution of Ukraine and current legislation (the Civil Code of Ukraine, the Family Code of Ukraine, the Law of Ukraine “About Protection of Childhood”, etc.). Institutional factors (creation in the state apparatus of independent institutions and structural subdivisions of the authorities whose primary purpose is to ensure the rights and legal interests of children) reflect the results of the reform process of the state mechanism to ensure proper functioning of relations in the sphere of guardianship and custody. Criminological factors determine social danger of guardianship abuse, highness of the material and moral damage caused by it to society, opportunity and feasibility of using of criminal law measures to combat this crime, the level of its latency.
Authors and Affiliations
Д. П. Евтеева
Keywords
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