The development of an innovative understanding of the graduate essential specific division of offences and juridical liability
The development presents an innovative understanding of the stepwise essential species division of offenses into macrooffenses or criminal offenses (crimes, paracrimes, quasicrimes, outlawcrimes, paraincidents, incidents), that cause significant and higher losses (damage, lost profits) to the legal status of sociosubjects, and into minioffenses (administrative, disciplinary, de-facto property-contractual and de-jure property-contractual misbehaviores, paramisbehaviores, quasimisbehaviores, outlawmisbehaviores, paracauses and causes). It is emphasized, that the crimes are criminal offenses, that have the full composition of the act; the paracrimes – committed by persons, who have not reached the age of anticriminal responsibility; the quasicrimes – committed by unsound persons; an outlawcrimes – acts, that cause significant or higher losses, but are not provided for in the Special Part of the Anticriminal Code of the relevant country; the paraincidents – when significant or higher losses is caused by an innocent person; an incidents – when losses is caused by natural phenomena or predatory animals in conditions not regulated by man. Attention is drawn to the innovative understanding and division of sexual offenses into erpesexual (based on reproductive or modeling desire), non-erpesexual (caused by violations of other sexual characteristics) and polysexual (combining erpesexual and non-erpesexual offenses). A concise version of an innovative understanding of the structure, essence and graded specific division of juridical liability into constitutional (positive; negative: punitive-educational, restorative, accompanying), anticriminal (positive; negative: punitive-educational, including punishment, quasi-punishment, outlawpunishment; restorative, accompanying), administrative, disciplinary, de-facto property-contractual and de-jure property-contractual liability is presented. It is emphasized, that administrative and disciplinary liability occurs, when causing less, than significant losses to external and internal state-administrative legal relations of a legal entity, respectively; and de-facto and de-jure property-contractual liability - to property-contractual or personal non-property or other legal relations equated to them, respectively, between individuals and legal entities.
Authors
- Oleksandr Kyrychenko (ORCID: https://orcid.org/0000-0002-8748-6431)
Institutions
- Human Growth Foundation (US)
Publication Details
- Journal
- Analytical and Comparative Jurisprudence
- Published
- 2025-06-24
- DOI
- https://doi.org/10.24144/2788-6018.2025.03.1.3
- Primary Topic
- Legal Education and Practice Innovations
- Type
- article
- Field-Weighted Citation Impact
- 0.00