SIZIF LABOR OF CRIMINAL LAW

Authors

DOI:

https://doi.org/10.33216/2218-5461-2021-41-1-31-46

Abstract

This work is a continuation of the discussion started in the article "The Criminal Code should be given a reminder - the epigraph:" Many shot were posthumously rehabilitated! ", Published in the col-lection" Actual problems of law: theory and practice "No. 2 (40) (2020). The article presents a further analysis of the draft Criminal Code of Ukraine, sub-stantiates a proposal to replace punishment in the form of imprisonment with other types of economic sanctions. The question of the use of probation in criminal law is briefly touched upon. The emphasis is made on the very notion of "prescription", which implies a gap in time between the commission of a crime and the clarification of the issue of release from punishment. However, a mechanical approach is not acceptable here. If we profess elementary logic - since, in principle, there is a possibility of freeing a person from responsibility in the future, why is it not widely extrapolated to the present?
Attention is focused on the provision that spe-cialists of each branch of law, together with crimi-nologists and criminologists, using the achievements of information technologies, in cooperation with specialists from other industries, are obliged to iden-tify and eliminate all gaps in their legal regulation that create loopholes for committing crimes and only after that as an extreme to give way to sitting in crim-inal law. The task of criminal law is, along with the execution of the remaining current duties, to organ-ize and lead the scientific leadership of this coopera-tion, to take an active part in its work as experts, but not as customers with the sokira in the hands of the breeding articles of the code, which is the case now. The restoration of the destroyed unity of criminal law and criminology is inevitable here. There is no one else to do it. If we don’t do it, we will endlessly ea-gerly write more and more thick drafts of criminal codes. In general, this work analyzes the criticisms of opponents, confirms the validity of the innovations expressed, shows other shortcomings of the draft Criminal Code, and makes a number of weighty proposals.
Key words: law, law, criminal law, crime, pun-ishment, state responsibility for unjustified condem-nation of a person.

Author Biography

Б.Г. Розовський, Юридичний факультет СНУ ім. В. Даля

Доктор юридичних наук, професор, заслужений юрист України, завідувач кафедри правознавства СНУ ім. В. Даля

Published

18.04.2021

Issue

Section

Статті