Viunyk M. Special types of punishment in the criminal law of Ukraine.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U102876

Applicant for

Specialization

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

13-05-2021

Specialized Academic Board

Д 64.086.01

Yaroslav Mudryi National law university

Essay

The dissertation is devoted to a complex research of doctrinal and legislative aspects of criminal law regulation of the use of special kinds of punishment in Ukraine. Particularly, the need of punishment subdivision to general and special has been justified. It’s proposed to include the following kinds of punishments to the special ones: depriving military or special rank or qualification class, depriving the right to hold some kind of job positions or to lead some kinds of activity, service restrictions for military servicemen or keeping them in the disciplinary battalion. The place of some special kinds of punishment in the system of punishment has been figured out. Besides, the regularity of anchoring them in the sanctions of the articles of the special part of Criminal Code and the circle of the subjects they are applied to were found. The peculiarities of appointing, denying and replacing special punishments were researched. Based on the research, the proposals for improving articles 54, 55, 58 and 62 of the Criminal Code of Ukraine and some other legal provisions was made. The recommendations for using special kinds of punishment were made.

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