“It is to be a punishment or a pardon is granted” or Whether the Criminal Code of Ukraine needs to have incentive norms about the crimes against human freedom, honor and dignity

Keywords: incentive norms, promotion of crimes stopping, crimes against freedom, dignity and honor, trafficking in human beings, illegal deprivation, seizure of hostages

Abstract

The paper is focused on the analysis of the stimulatory norms expediency in the criminal law of Ukraine. The objective of the paper is to reveal the significance of legal encouraging of an offender to stop his further criminal activity. Especially, it is necessary in conditions of Ukraine’s movement from a previous Soviet heritage to modern punishment standards, where criminal liability is not only punishment, but it is also a strategy to prevent a crime.

According to the author’s opinion, a pardon occasionally is much more effective than a sanction, since for some cases it allows giving up a criminal act and can prevent negative consequences for an object of encroachment in such a way. Thus, there is sometimes no need to punish an offender, who is able to get a correction out of a prison. However, there should be a concrete norm to do that, inasmuch as the Criminal Code does not have sufficient extent of such norms.

As it is known, a punishment is able to be effective only when an offender both got a penalty, and was pursuing his better path. By conducting a comparative analysis, the author provides scientific arguments and facts of wide range application of encouragement in the conditions of stopping a crime.

There author of the paper has analyzed different viewpoints of scholars, related to the issues provided. Herewith, the author has revealed different strategies regarding the improvement of Ukrainian criminal law and practice with the incentive norms.

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Author Biography

Ya. H. Lyzohub, Kharkiv National University of Internal Affairs

Department of tactical and special tactical preparation;
Candidate of Juridical Sciences (Ph.D.), Docent.

References

Stashis V.V, 2002. General charasteristics of the new Criminal Code of Ukraine [Zahalna kharakterystyka novoho Kryminalnoho kodeksu Ukrainy]. In: Yaroslav Mudryi National Law Academy, New Criminal Code of Ukraine: issues of performing and learning [Novyi kryminalnyi kodeks Ukrainy: pytannia zastosuvannia ta vyvchennia]. Kharkiv, October 25-26, 2001. Kyiv; Kharkiv. Pp. 3-12.

Serdiuk P.P., 2010. Conception of encouragement in criminal law: an approach of a stimulation [Kontsepciya zaohochennya u kryminalnomu pravi: pragnennya zaohochennya]. Entrepreneurship, Management and Law [Pidpryiemnytstvo, hospodarstvo i pravo], No. 12, pp. 149-155.

Khryapinskyi P.V., 2009. Efficiency of stimulatory criminal norms: some proposals regarding an improvement of legislation [Efektyvnist zaohochuvalnykh kryminalno-pravovykh norm: deiaki propozytsii shchodo vdoslonalennia zakonodavstva]. Pravo Ukraïni – Law of Ukraine, No. 9, pp. 170-174.

Lyzohub Ya.H. and Yatsenko S.S., 2005. Combating trade of human beings, slavery, forced labor [Protydiya torgivli liudmy, rabstvu ta rabotorhivli, prymusovii pratsi]. Kyiv: Atika.

Khryapinskyi P.V., 2007. Prospects of stimulatory norms development in Special part of criminal legislation [Perspektyvy rozvytku zaokhochuvalnykh norm Osoblyvoi chastyny kryminalnoho zakonodavstva]. Pravo Ukraïni – Law of Ukraine, No. 12, pp. 110-115.

Lyzohub Ya.H., 2012. “The continuous time” as an evaluative concept in article 146 of Criminal Code of Ukraine: comparative and law aspect [“Tryvalyi chas” yak otsinochne poniattia u statti 146 KK Ukrainy: porivnialno-pravovyi aspekt]. Entrepreneurship, Management and Law [Pidpryiemnytstvo, hospodarstvo i pravo], No. 6, pp. 88-91.


Abstract views: 269
PDF Downloads: 133
Published
2018-11-27
How to Cite
Lyzohub, Y. (2018) “‘It is to be a punishment or a pardon is granted’ or Whether the Criminal Code of Ukraine needs to have incentive norms about the crimes against human freedom, honor and dignity”, Law and Safety, 70(3), pp. 22-26. doi: 10.32631/pb.2018.3.03.

Section
THEORY AND PRACTICE OF LAW ENFORCEMENT ACTIVITY