Burdin V. Sanity and insanity in criminal law of Ukraine: problems of theory and practice.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0511U000677

Applicant for

Specialization

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

30-09-2011

Specialized Academic Board

Д 35.725.02

Essay

Criminal legal phenomena of sanity and insanity are analyzed, their substantial features are defined, correlations of these concepts between each other and with other criminal legal concepts are determined by means of general philosophical and formal logical approaches combination. It is substantiated that the concept of sanity is in contradiction with the concept of insanity which causes an indissoluble link between the content of these concepts. The new terminology for these concepts features denotation is proposed. The issues of insanity specific concept, its structural placement in the Criminal Code of Ukraine and criminal legal importance are solved anew. Considering the concepts of sanity and insanity being in contradiction, the understanding of conjunctive judgement truth, used for formulation of sanity provision and the understanding of the disjunctive one about insanity as well as the general philosophical categories of "reason" and "consequence", a new list of insanity reasons is proposed.

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