Danchenko K. Criminal law policy of Ukraine in the sphere of punishment: philosophical and legal aspect

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U002705

Applicant for

Specialization

  • 12.00.12 - Філософія права

29-05-2019

Specialized Academic Board

К 70.895.02

Khmelnytskuy university of management and law Leonid Yuzkov

Essay

Thesis for the degree of candidate of sciences, speciality 12.00.12 Philosophy of Law. – The Khmelnytsky University of Management and Law, Khmelnytsky, 2019. The modern state criminal-policy in the field of penalties is reviewed in the dissertation on philosophical and legal positions. The scientific and theoretical study of the phenomenon of criminal law among European thinkers (and domestic ones in particular) was articulated much later than this phenomenon appeared. The philosophical and legal study of the essence of criminal law in the field of penalties is possible in the mainstream of modern humanities with the application of modern methodological approaches. Therefore, the most effective methodological approach is the socio-cultural approach, which makes it possible to analyse criminal law as a phenomenon of a specific socio-cultural space, taking into account national, historical, cultural and ideological features of a particular society. Criminal policy in the field of penalties is one of the priority directions of the modern Ukraine development, which seeks to join the European structures in order to create a European legal state with a high standard of living, culture and democracy. In its turn, political and legal integration into the European Union can only be achieved because of the formation of new ideological characteristics of the Ukrainian society, which also affects the peculiarities of the criminal law policy, each of its subspecies should be aimed at ensuring the rights and freedoms of the individual. The necessity of philosophical and legal comprehension of the phenomenon of criminal-law policy in the field of penalties is caused by the ambiguity and multidimensionality of this political and legal phenomenon, the content and forms of which are determined by a specific socio-cultural context. The scientific work focuses on the disclosure of the basic concepts and principles of modern political and legal policy in the field of penalties, as well as on the content of this type of policy. The meaningful content of the concept of «criminal-law policy in the field of penalties» as one of the types of state-power activities is determined by the specific socio-cultural context and the specification of the prevailing system of values.

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