Babanly R. Sentencing in Ukraine: theoretical and practical principles

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0519U001911

Applicant for

Specialization

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

18-12-2019

Specialized Academic Board

Д 26.236.02

Institute of State and Law. V.M. Koretsky National Academy of Sciences of Ukraine

Essay

The dissertation is devoted to the systematic analysis of the state of punishment in Ukraine through the lens of studying approaches to the actual implementation of general principles that should be taken into account by the court when choosing the type and size of punishment for a particular crime. A thorough analysis of the concept, the main features of the general principles of sentencing and the state of their regulatory regulation; the approaches of foreign states to the legislative definition of the principles of sentencing are summarized, as well as the solution of the problem of unjustified difference in sentences; a vision is presented to review the established views on the purpose of punishment, which should be decisive in the sentencing process. Theoretical aspects of detailing the limits of judicial discretion have been formed to resolve the issue of the choice of the type and amount of punishment within the sanction of an article (part of an article) of the Special Part of the Criminal Code. According to the results of the research, conceptual directions of improving the state of sentencing in Ukraine were proposed.

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