Kolomiyets Y. Criminal-Legal Ideology in the Legal Doctrine and Criminal Legislation of Ukraine.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0520U100360

Applicant for

Specialization

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

11-07-2020

Specialized Academic Board

Д 41.086.03

National University «Odessa Law Academy»

Essay

The dissertation is the first in the domestic science of criminal law special complex research of criminal law ideology in the legal doctrine and criminal legislation of Ukraine, on the basis of which the concept of criminal law support of national interests of Ukraine in the conditions of globalization is developed. The dissertation establishes the ideological conditionality of the concept, essence and content of the methodology of the science of criminal law. The ideological bases of knowledge of the essence and content of criminal law are revealed. The ideological bases of knowledge of the form of criminal law are clarified. The general approaches to the definition of the concept and types of ideology, its content, features, functions and significance for the formation and functioning of criminal law ideology are studied. The concept of criminal law ideology is defined and its connection with other types of ideologies is substantiated. The correlation of concepts is established: criminal-legal ideology, criminal-legal doctrine, criminal law and criminal legislation. The stages of formation of criminal law ideology at the level of criminal law doctrine are singled out. The worldview ideas of criminal law ideology and basic definitions of criminal law doctrine are characterized, the process of their historical development and interaction of philosophical, religious, scientific, aesthetic, ethical, legal, political, economic, sociological ideas, which are components of criminal law ideology, is traced. and influenced the main institutions of criminal law. The principles of criminal law ideology and doctrinal principles of criminal law are singled out, their interrelation and significance are revealed. The influence of criminal law ideology on rule - making in the field of criminal law is revealed. A description of the legislative technique from the standpoint of guaranteeing the implementation of criminal law ideology is given. The ideological significance of the system and structure of the criminal law is determined and substantiated. The influence of criminal law ideology on practice is clarified. The subjects of introduction of criminal law ideology are established. The ways of introduction of criminal law ideology for the purpose of further development of criminal law of Ukraine are defined. The theoretical and practical conclusions obtained as a result of the research were specifically reflected in the draft Concept of criminal-legal support of the national interests of Ukraine in the conditions of globalization developed by the author. Theoretically substantiated proposals for improving the criminal legislation of Ukraine, taking into account the only ideological foundations of criminal law that meet the needs of modern Ukraine.

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