Muratova S. Criminal conviction in the General Part of Institutes System of the Criminal Law of Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0416U000081

Applicant for

Specialization

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

29-12-2015

Specialized Academic Board

К 64.502.01

Аcademician Stashis Scientific Research Institute for the Study of Crime Problems

Essay

The thesis is devoted to development of theoretical and practical issues of legal regulation of the criminal conviction institute as a measure of criminal and law type in the General Part of Institutes System of the Criminal Law of Ukraine. There was grounded a concept of the legal nature of conviction in its system connection with the institute "criminal responsibility" and its subordinate institutions of "penalty", "other measures of criminal and legal law". There was developed a concept of criminal conviction, based on which there were clarified and specified persons, who have no criminal record, and persons, who should be recognized as the ones who have a criminal record. The function of criminal record was investigated, its classification was provided. Also the thesis proves the existence of two alternative methods of termination of criminal conviction: cancellation (articles 89, 90 of the Criminal Code) and expungement (article 91 of the Criminal Code) and considers it, including in the aspect of the persons who committed crimes before reaching the age of 18 (article 108 of the Criminal Code). The correlation between the Criminal Conviction Institute with the basic Institutes of the General Part of Criminal Law of Ukraine was established.

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