Ivanyuk T. Circumstances, mitigating punishment according Criminal Law of Ukraine.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0406U002717

Applicant for

Specialization

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

19-06-2006

Specialized Academic Board

Д 26.001.05

Taras Shevchenko National University of Kyiv

Essay

The dissertation is devoted to the problem of the circumstances, mitigating punishment. The research development of the circumstances, mitigating punishment, is being analyzed in science of criminal law and criminal legislation of Ukraine. The comparative analysis of norms regulating the circumstances, mitigating punishment according to the Criminal Code of Ukraine and criminal legislation of foreign states has been carried out. The problems of conception, legal nature of circumstances, mitigating punishment, their criminal and legal significance and its concrete expression, the place of the circumstances, mitigating punishment in the system of general basis of inflicting punishment, the content and innumerable list of these circumstances have been considered. On the basis of the research the author proposes the conception of the circumstances, mitigating punishment, a new wording to the legislative list of the circumstances, mitigating punishment, the rules of taking into consideration the circumstances, mitigating punishment, when a court inflicts punishment. In the dissertation the expediency of consolidating innumerable list of the circumstances, mitigating punishment in the Criminal Code of Ukraine has been grounded. The proposals related to further improvement of the current Criminal Code of Ukraine in the section that regulates the circumstances, mitigating punishment, as well as the proposals to explanations, giving by the Supreme Court of Ukraine have been made.

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