Prykhod'ko T. The problem of restricted capacity in the criminal law.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0402U000962

Applicant for

Specialization

  • 12.00.08 - Кримінальне право та кримінологія; кримінально-виконавче право

27-02-2002

Specialized Academic Board

Д26.007.03

Essay

Об'єкт дослідження - is restricted capacity as criminal legal category. Мета дослідження - is determination of the notion of the restricted capacity, elaboration of its criteria, solving the questions of the criminal responsibility and punishment of the restricted capable persons, application of compulsory treatment of these persons, formulation of proposals on the improvement of the legislation in force. Методи дослідження - а) general scientific (systematic, systematic and structural, logically semantic, historical, historical and legal); b) special scientific (comparatively legal, formally juridical); c) sociological (questioning, poll, interviewing). Теоретичні результати і новизна - stated theoretical principles may serve as starting scientific base for the subsequent research of the restricted capacity, and elaborated proposals will help to apply the norms of the Criminal Code of Ukraine which regulate the category of the restricted capacity. Scientific novelty of the work is that the dissertation is the first monograph research in Ukraine, devoted to the problem of the restricted capacity. Moreover, this problem is examined in complex way, an attempt made to solve a number of difficult debatable questions about the nature, notion, essence and criteria of the restricted capacity, proposals were for mulated on the improvement of the Ukrainian legislation in force. Практичні результати і новизна - proposals, stated in the dissertation, may be used for the further improvement of the Criminal Code of Ukraine, Criminal-procedural Code of Ukraine and Corrective-labour Code of Ukraine; for the subsequent study and elaboration of the problem of the restricted capacity; in the practical activity of judges and investigators when solving the questions, connected with the application of the norms of the Criminal Code of Ukraine, which regulate the category of the restricted capacity and the criminal responsibility for the actions committed in the state of strong emotion (physiological affect); in the preparation of the textbooks, scientific and practical manuals and methodical instructions. Предмет і ступінь впровадження - the author's proposals were used in the educational process during the teaching of the course of "The Criminal law of Ukraine. General provisions"; in the research work of the criminal law department of the National academy of internal affairs of Ukraine. The proposals on improvement of the criminal legislation, submitted by the author to the Committee of the Verhovna Rada of Ukraine on the questions of the legislative guarantee of the law preservation activity, were partly taken into consideration during the finishing of the Draft of the Criminal Code of Ukraine, submitted to the first reading. Ефективність впровадження - a high opinion of the author's proposals was expressed. Сфера використання - legislative process, research work, educational process.

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