Comprehensive study of M. P. Chubynsky’s criminal-legal heritage, which found its vivid embodiment and general support in the scientific papers of his supporters at the time and subsequent generations of followers was made for the first time in Ukrainian legal science in the thesis.
Based on the results of the research, a number of new theoretical positions and conclusions, which were submitted for public defense of the thesis were substantiated, formulated and proposed. In particular, for the first time M. P. Chubynsky’s life biography was studied, the peculiarities of the formation and development of his personality (1871–1943) were established, and a conditional periodization of the public, state, political, scientific and scientific-pedagogical activities of the scientist into three defining periods were proposed:
Period I (the period of personality’s “formation”) (from 1871 till 1889): Boryspil and initial Kyiv (gymnasium) stages in M. P. Chubynsky’s life. During this period, the formation of the future scientist's personality began, he got primary education at home and secondary education in gymnasiums;
Period II (“preparatory” period of the scientist's formation) (from 1889 till 1902): the first Kyiv, the first Yaroslavl, and the initial Kharkiv stages in M. P. Chubynsky’s life. The period when the skills and general theoretical knowledge that were already formed gave M. P. Chubynsky a significant impetus to the successful completion of higher legal education, and laid the foundation for research on certain issues of the general part of criminal law. As a representative of the sociological school (direction) in the science of criminal law, M. P. Chubynsky studied the legislative criminal law material, reduced it to the form of a single system, and analyzed the causes and conditions that affected the emergence, development and changes in crime. The scientist prepared publications on the retroactive effect of the law on criminal liability, the motive of a criminal offense, the genesis of certain provisions on the subject matter and content of the science of criminal law in the guiding doctrines, ideas, views and concepts of representatives of classical and sociological scientific schools (directions), in particular: “Retroactive Effect of the Criminal Law” (1896), “General Characteristics of New Doctrines in Criminal Law” (1898), “The Motive of Criminal Activity and its Significance in Criminal Law” (1900) and “The Science of Criminal Law and its Constituent Elements” (1902);
Period III (the period of “realization” of the scientist's potential and international recognition) (from 1903 till 1943): the first Kharkiv, the second Yaroslavl, the first Petrohrad (Petersburg), Yuriiv (Derpta, Tartu), the second Petrohrad (Petersburg), Moscow, the second Kyiv and emigrant (Don, Belgrade and Subotica - Yugoslavia) stages in M. P. Chubynsky’s life – the period of fundamental research in the field of criminal policy as a branch of criminal and legal science. M. P. Chubynsky’s scientific activity during this period brought him all-European recognition, and scientist’s criminal law heritage did not loose its relevance till the present day. During this period, the scientist prepared his fundamental works, in particular: “Essays on Criminal Policy. The Concept, History and Main Problems of Criminal Policy as an Element of the Science of Criminal Law” (1905), “Course of Criminal Policy” (1909 and 1912), “Scientific and Practical Commentary on the New Criminal Code of Yugoslavia” (1930), “Scientific and Practical Commentary on the New Judicial Criminal Code of Yugoslavia” (1933) and “Criminal Policy: Concept, Content and Attitude to the Science of Criminal Law” (1937).
Arguments regarding fundamental contribution of M. P. Chubynsky’s criminal law heritage to the study of certain issues of Ukrainian and foreign criminal law and legislation, primarily the science of criminal law, criminal law policy, retroactive effect of the law on criminal liability in time and the motive of a criminal offense were analyzed and provided, and the prospects for their further scientific development were outlined in the thesis.
In addition, the teachings, ideas, views and concepts of Ukrainian and foreign representatives of classical, sociological and modern schools (directions) in criminal law science regarding the definition of the concept and establishment of the content of the science of criminal law, the scientific category of criminal law policy, legislative categories of retroactive effect of the law on criminal liability in time and motive of the criminal offense were further developed in the thesis.
