KRASNOPOLSKA L. Legal basis and procedure for release from criminal liability in connection with reconciliation of the perpetrator with the victim.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U103666

Applicant for

Specialization

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

30-09-2021

Specialized Academic Board

Д 26.732.01

State Research Institute of the Ministry of Internal Affairs of Ukraine

Essay

The work is devoted to the research of determining the possibility of increasing the effectiveness of the protective function of criminal law by humanizing criminal law relations and reducing the repressive component of criminal punishment, developing effective mechanisms to minimize the negative consequences of criminal prosecution in general, and through release from criminal liability in connection with reconciliation of the perpetrator with the victim in particular. Thesis provides a theoretical generalization and proposes a new solution to the problem of determining the legal basis and procedure for release from criminal liability in connection with the reconciliation of the perpetrator and the victim. On the basis of methodological diversity, the definition of the concept of release from criminal liability in connection with reconciliation of the perpetrator with the victim as a socially conditioned and really justified situation that arises in the presence of circumstances (voluntary reconciliation, compensation of damages (repairing harm), agreement on such compensation), that allows a person who has committed a socially dangerous act (criminal offense or first time committed a negligent crime) to avoid the consequences of criminal law nature for the committed act and related restrictions on such a person has been formulated. The general issues of formation and development of exemption from criminal liability in connection with the reconciliation of the perpetrator with the victim were considered, characterized, and systematized into certain historical stages (chronological periods).

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