Timofeeva L. The humanistic paradigm of the Criminal Law of Ukraine.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0418U003048

Applicant for

Specialization

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

03-07-2018

Specialized Academic Board

Д 41.086.03

Essay

The thesis is one of the first special complex studies on the detection and systemic characterization of the humanistic paradigm of the criminal law of Ukraine. The peculiarities of development of ideas concerning humanistic criminal legislation in the sphere of achievements of criminal law schools are determined; the principle of humanism in the field of criminal law is defined as a system of ideas focused on human characteristics, taking into account destructive social, physiological, and biological peculiarities (both the person committing the crime and the victim); as well as ensuring the safety of society as a whole and the state; the peculiarities of humanism as an axiom and a paradigmatic «fiction» were determined and their interconnection was substantiated; the proposals for the development of humanistic ideas in the criminal-law policy of Ukraine are developed. The peculiarities of the development of the principle of humanism on the law enforcement level were determined; interpretative characteristics of the principle of humanism, taking into account the practice of the ECHR, were singled out. As a result of the research, carried out in the thesis, scientifically substantiated proposals to the criminal legislation of Ukraine in the sphere of development of the humanistic paradigm were formulated.

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