Plakhotnyk H. The exemption of punishment for pregnant women and women with children under three years.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U005429

Applicant for

Specialization

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

17-12-2019

Specialized Academic Board

Д 64.086.01

Yaroslav Mudryi National law university

Essay

The dissertation is devoted to a comprehensive study of scientific, legislative and law enforcement issues of exemption of punishment for pregnant women and women with children under the age of three years. In particular, in the work the study of this particular type of exemption of punishment for according to a consistent analysis of the development of criminal law relations between the government and a woman, that is the subject of a release from punishment. Using it, a wide range of issues was consecutively analyzed regarding the prerequisites, grounds, order, conditions and criminal law consequences of the type of exemption of punishment under investigation. In particular, through a comprehensive analysis of the provisions of the criminal, penal and other branches of the legislation of the Ukraine, a certain meaning and scope of each of these characteristics of this type of exemption are defined. In addition, contradictions between the definition of the prerequisites and grounds for this type of exemption under criminal and penal legislation have been established; identified gaps in the legislative definition of its individual criminal law consequences; based on the analysis of judicial practice, cases of ambiguous application by courts of certain provisions of the legislation are shown. Based on the study, suggestions were made to improve Art. 83 of the Criminal Code of Ukraine, certain other provisions of the law and practice of their application.

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