Boichenko V. Criminal and legal protection of public morals in Ukraine: anthropological dimension

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U102905

Applicant for

Specialization

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

14-05-2021

Specialized Academic Board

Д 41.086.03

National University «Odessa Law Academy»

Essay

The dissertation is the first special comprehensive study of the anthropological foundations of criminal law policy to ensure tire security of morals in modem legal doctrine and criminal law of Ukraine in the domestic criminal law. Based on the concept of criminal law protection of public morals in Ukraine in the transition to the new legislation was developed. The study of criminal law protection of public morals as a socially and historically determined phenomenon of anthropogenesis is a complex process to study the social preconditions for criminalization of such crimes, features of the modem concept of criminal law protection and prospects for improving the relevant norms. Morals in tire criminal law sense is a social relationship that is formed and developed in society, to ensure respect for some people to others, shyness, respect for universal values established in society, non-compliance with which a person leads to public condemnation and affects the level of cultural and spiritual development of her as a person. Under criminal law protection are measures to ensure the security of existing social relations and interests and deter citizens from criminal encroaclunents by defining in criminal law harmful to the individual, society and the state offenses and establishing criminal penalties and other measures of criminal law influence. The anthropological dimension of crimes against public morals requires modem researchers to focus not only on the issue of dogmatic analysis of tire norm (purely criminal law approach) or axiological assessment of the existence and existence of the nonn (criminological or sociological approach), but also integrative dynamic analysis of the essence and existence concerning various participants of criminal legal relations. The structure of the policy of ensuring the security of relations of public morals and morality as an object of criminal law protection includes: 1) security (preservation) of historical and cultural heritage as a set of tire most important material carriers of spirituality, which is the result of organizational, legal and other measures aimed at preventing the destraction, destraction or damage of cultural property, their illegal circulation in the form of illegal transfer of ownership; 2) security of tire moral foundations of society as a system of protection against the destraction of the national mentality of the Ukrainian people in the form of the moral foundations of the nation, traditions and customs based on them, ideas of justice, goodness and equality, etc.; 3) religious security of the individual and society as a state of political and legal protection and social stability of religious relations, including freedom of conscience and religion, non-interference of the state and anyone in church affairs, inadmissibility of spreading destructive cults in Ukraine, totalitarian sects, etc. To determine this, the work carried out a theoretical and methodological analysis of scientific research on the state of use of a modern anthropological approach to criminal law phenomena. The methodology of anthropological research of criminal offenses has been improved: the methodological foundations of the study of anthropological algorithms and technologies for the formalization of criminal law have been determined. The nature of criminal offenses against public morals and morality in which public morals is the main direct or additional direct object of encroachment were identified. The features of the anthropological characteristics of the genesis of the criminalization of acts against public morality and morality and tire direction of its protection have been determined. Crimes and punishments, criminal offenses against public morals through the prism of anthropological methodology of law have been identified. The content, nature and purpose of modem criminal law policy in the aspect of anthropological understanding and counteraction to offenses against public morality and the main prospects for improving the criminal legislation in the field of the studied phenomenon were outlined.

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