Novokhatska D. Punishment and him imposition for the crimes are committed by negligence

The research describes the systematization of a knowledge about the optimal punishability the negligent crimes and the rationalization of the criminal legal measures in relation to the persons, who committed that crimes. It has been stated a conclusion about the availability three basic concepts of a legal influence in relation to the subjects of the negligent crimes in the world law science. It has been grounded the point of view that the bent of a lawmaker to provide the deprivation of freedom in the sanctions more than 80% negligent crimes is the rudiment of a retributive conception of a nature a criminal punishment. In the thesis was realized the prognosis of development the punishability the negligent crimes, in according to which a specific weight of a deprivation of freedom in sanctions the corresponding norms will be reduce at the expense of more wide application the punishments, that non-connected with the isolation from society. On the ground the negative criminological experience the application to negligent perpetrators the long-term periods deprivation of freedom it is suggest in the capacity of a guideline for criminal policy of a state the observance a principle priority isolation from occupation over isolation from society. It is suggest to make less public inflexible character norms of procedural legislation that currently in force in criminal process on the ground the agreements to negligent crimes, so long as subject of the grave negligent crime must have the possibility of a reduced criminal procedure on the ground the agreement on guilt acceptance, if the victim isn’t contradict that. The writer of this dissertation has improved the scientific views about a reasonability to provide in the Criminal Code of Ukraine deprivation of right to hold a concrete post or to engage a concrete profession on the long-term periods or perpetual. It is reinforce the arguments that for punishment for the negligent crimes more than for intention crimes has inherent tendency of depenalization (exemption from criminal liability, exemption from serving one’s sentence, application the sanctions that are alternative to deprivation of freedom etc.). The thesis has elaborated the scientific views about an elimination the mulct and the correctional works from the sanctions for the negligent crimes, so long as an application by the states these sorts of punishment is contradicting to compensatory function of the criminal law.