Systematisation of criminal law measures in the Draft Criminal Code of Ukraine
The article analyses the criminal legal measures reflected in the Draft Criminal Code of Ukraine through the prism of a taxonomic approach. The author concludes that the criminal legal measures provided in the draft are coherent and clear, achieved by a peculiar legal technique. The authors of the draft took into account the proposals of scholars and practitioners to expand the areas of criminal law influence, which made it possible to build a logical and well-thought-out system of criminal law measures. The author of this paper considers the understanding of criminal liability in the draft as a supra-specific category that covers certain types of criminal law measures to be successful and also considers it an appropriate and necessary step to define such types of criminal law measures as restitution and Compensation in the draft. At the same time, the author points out certain shortcomings, in particular, the term used to refer to the central element of the system - remedy; the absence in the draft CC of Ukraine of the essential features of certain types of criminal legal measures and the purposes of the types of criminal legal measures identified by the members of the Working Group. The article concludes that, along with the predicate approach, consideration of the relational dimension, which requires the identification of taxonomic attributes which recognise the essential features of a particular type of legal measure, is a necessary step in further improving the systematisation of criminal legal measures in the draft CC of Ukraine. Therefore, eliminating the relevant shortcomings could become the basis for improving the systematisation of criminal legal measures.
Authors
- Olha Mykhailivna Musychenko (ORCID: https://orcid.org/0000-0001-6171-710X)
Institutions
- Institute of Electronic Measurements KVARZ (Russia) (RU)
Publication Details
- Journal
- Herald of the Association of Criminal Law of Ukraine
- Published
- 2024-12-21
- DOI
- https://doi.org/10.21564/2311-9640.2024.22.315140
- Primary Topic
- Ukrainian Legal and Forensic Studies
- Type
- article
- Field-Weighted Citation Impact
- 0.00