乌克兰刑法草案:创新

S. Kovaliova
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引用次数: 0

摘要

乌克兰刑法典之所以需要修改,是因为苏联时期的法律内容已经过时,无法处理现代问题。此外,考虑到现代的需要,它没有为执法系统完成社会赋予的任务作出规定。新《刑法》的理念在于保护受害者的利益,并使公民更有效地使用《刑法》。考虑到目前关于该草案的工作仍在继续,本文的目的是调查拟议的《乌克兰刑法》行动计划的规定。在研究过程中,采用了分析综合法、实证法和比较法。本文对提出的新刑事方案进行了分析讨论,并着重讨论了刑事司法制度改革方面的问题。审议案的目的是为了保护受害者的利益,并规定了方便使用。草案规定,新的《刑法》及其适用必须符合欧洲人权法院关于乌克兰的决定。已经确定,乌克兰《刑法》草案规定了官员不遵守欧洲人权法院决定的责任。通过对未来的刑事责任立法的分析,得出了一个结论,即选择正确的载体来实施乌克兰新刑法的主要思想- -在新的基础上确保刑事司法领域的正义,从造成损害的类型对犯罪进行分类并确定典型的制裁,根据客观标准确定刑事犯罪严重程度之间的关系。统一加重或减轻严重程度的情况,消除差距。本文的材料对于今后专家的研究、发现新问题、提出新建议、分析乌克兰新刑法典草案的新修订具有实用价值。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Draft Criminal Code of Ukraine: Innovations
The need to edit the Criminal Code of Ukraine emerged due to the outdated Soviet content of laws that are unable to handle modern issues. In addition, considering the modern needs, it does not make provision for the fulfilment of tasks set by society for the law enforcement system. The idea of the new Criminal Code lies in the protection of the interests of victims, as well as in its more effective use by citizens. Considering the current continuation of work on the draft, the purpose of this paper was to investigate the provisions of the proposed action plan for the Criminal Code of Ukraine. During the study, the method of analysis and synthesis, the empirical method, and the comparison method were applied. The paper analysed the new criminal program proposed for discussion and focused on the areas of reforming the criminal justice system. It was found that the plan proposed for consideration is aimed at protecting the interests of victims, and it is stipulated that it should be convenient to use. The draft stipulates that the new Criminal Code and its application must comply with the decisions of the European Court of Human Rights regarding Ukraine. It was established that the draft of the Criminal Code of Ukraine prescribes the responsibility of officials for non-compliance with the decisions of the European Court of Human Rights. Due to the analysis of prospective legislation on criminal responsibility, a conclusion was made about choosing the correct vector to implement the main idea of the new Criminal Code of Ukraine – ensuring justice in the field of criminal justice on new foundations, classifying offences proceeding from the type of damage caused and establishing typical sanctions, determining the relationship between the severity of criminal offences according to an objective criterion, unification of circumstances that increase or decrease the degree of severity, elimination of gaps. The materials of this paper are of practical value for future research of experts, discovery of new questions, proposals, and analysis of new amendments to the draft of the new Criminal Code of Ukraine.
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