THE MATTER OF A SUBJECT OF CRIMINAL LAW |
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Author |
 Shevchenko Ye. V., associate professor, Kharkiv, Pushinska, 77 |
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In heading |
Law; | ||||
Signed print |
24.10.2014 | Issues number |
2014 - № 4 (19) | Page |
205-219 |
Type of articles |
Scientific article | Code UDK |
343.01 | ISSN print |
2218-8010 |
Abstract |
Problem setting. The article is dedicated to determining a purpose and a role of criminal law for a state, a society, and a person at modern stage of their development. Taking into consideration functions, a purpose, and tasks of criminal law, the author proved that criminal law is of peculiar importance and value in a society due to unique “instruments of legal regulation” being inherent to it. Recent research and publications analysis. The author argues that from the scientific and methodical standpoint a sense and a content of the criminal law subject should be determined in accordance with contemporary views on understanding of law and their influence on the differentiation of concepts of criminal law and a criminal act. A sense and a content of the criminal law subject enable to distinguish between criminal law and any other field. Paper objective. Having analyzed both historical samples of the domestic legislation and its modern dictates, the author determined that the consideration of the criminal law subject from the standpoint of insights on mutual legal relation of a state and a criminal has “deep historical roots” and, nowadays, has been topical in the process of consideration of the matter of the criminal law subject. Paper main body. The article examined the development of scientific researches regarding the main doctrinal conceptions in order to determine the subject of the respective field with account of contemporary literature. The author concluded that all the conceptions being considered as the most convincing is grounded in views on the subject as a sum of social relations. The social purposefulness of such relations is related to: a) no regulation, but the protection of basic relations (in this case the main attention is paid to a right of a state to punish a criminal); b) the regulation of relations between a criminal and a state (the accentuation of attention on a mutual legal relation between a state and a criminal on different interpretations); c) the regulation of a more extended group of relations, including those being concerned with general warning (in this case there is an accent on obligations of citizens to adhere to prohibitions determined by a criminal act). Conclusions of the research. The author proposes to focus on the integrative approach deeply emphasizing a social component of the definition of this legal phenomenon as the most appropriate way to solve the matter of a content of social relations forming criminal law. |
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Keywords |
Criminal law subject, subject of criminal and legal relations, tasks of a criminal act, criminal law functions. | ||||
Reviewer |
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External reviewer |
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Article in PDF |
4 205-219 | ||||
Bibliography |
none | ||||
Code DOI |
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04.09.2014
