Poltavets V. The common regulations for setting the punishment and their criminal and legal meaning

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0406U000299

Applicant for

Specialization

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

20-12-2005

Specialized Academic Board

Д26.236.02

Essay

The thesis is a first scientific research of a monographic type (based on the norms of the Criminal Code of 2001) in Ukraine which deals with the study of the institution of the common regulations for setting the punishment. The common regulations for setting the punishment foreseen in the Art. 65 of the Criminal Code are analyzed in the work, their place in the system of norms for setting the punishment, the meaning for realization the purpose of the punishment foreseen in Art. 50 of the Criminal Code of Ukraine and its types are defined. Having proved the inseparable connection of the common regulations for setting the punishment and the principles of setting the punishment, the author argues the conclusion about their various legal natures. In the research on the basis of analyzing the norms of the Criminal Code of Ukraine of 2001, the necessity for the special regulations for setting the punishment provided by the existence of special institutions in the Criminal Code demanding to take info the consideration the specific character when setting the punishment are determined.

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