Otsyatsya A. The protective function of criminal law of Ukraine: the conceptual framework.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0414U003830

Applicant for

Specialization

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

01-07-2020

Specialized Academic Board

Д 41.086.03

National University «Odessa Law Academy»

Essay

The dissertation is devoted to the conceptual aspects of the category of «protective function of the criminal law» in the criminal law doctrine of Ukraine. Based on the analysis of scientific literature and legislations of foreign countries, a definition of protective function of criminal law is suggested. The role of protective function of criminal law among other functions of criminal law is defined. The historical preconditions of forthcoming and development of penal prohibition are studied. The concepts of «task» and «purpose» of the criminal law are analyzed with the aim of a comprehensive study of the category of «protective function of criminal law». The interrelation of these categories is ascertained. Suggestions concerning the improvement of the norms of the Criminal code of Ukraine are given, namely the introduction of the new structural part of the Criminal code of Ukraine - the preamble that would serve as legal filter for nonsystem, unnecessary changes to the Criminal Code, which do not reflect the development of society. The dynamics of protective function of criminal law and the measure of dynamics of criminal legislation are studied. The understanding of sustainable development of protective functions of criminal law is offered.

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