Zaycev A. Restricted capacity in the criminal law of Ukraine

The dissertation is dedicated to the problem of restricted capacity in the criminal law of Ukraine. Historical and legal development of this problem in the science of the criminal law of our country and of foreign countries is investigated. The regulations of restricted capacity in Criminal Codes of foreign countries of the main legal systems are analyzed. The formula of restricted capacity is investigated. The interrelation of restricted capacity with the capacity, the irresponsibility and guilt is analyzed. The criminal law consequences of recognizing a person by the court as a restricted capable person are formulated in a new way. It is offered to give a right to the court to consider recognizing a person as a restricted capable person as a circumstance extenuating a punishment. The refusal from the usage of enforcement treatment to the restricted capable person is grounded for the first time. The recommendations for the improvement of the criminal legislation of Ukraine are done.