Social and Legal Studios

Abstract

Criminal liability is usually connected with the application of measures of criminal law influence to a person, including restrictive measures, which are regulated in Section XIII-1 of the General Part of the Criminal Code of Ukraine. Thus, given that the Criminal Code of Ukraine has a new type of criminal law measures – restrictive measures, questions about the legal nature and content of these measures, as well as the correlation with criminal liability is important for both theory and practices. The purpose of the study is to determine the affiliation of restrictive measures to criminal liability. Development and analysis of theoretical provisions on the possibility of applying restrictive measures within the framework of criminal liability. As a result, it is important to mention that restrictive measures in criminal law by legal nature are security measures that are not currently regulated in the Criminal Code of Ukraine. Security measures can be applied both for a criminal offense and for a socially dangerous act that is not a criminal offense. On the other hand, restrictive measures may be applied only within the limits of criminal liability and for a crime related to domestic violence, with the imposition of a punishment not related to imprisonment or release on the grounds provided by the Criminal Code of Ukraine, from criminal liability or punishment. Therefore, restrictive measures are not independent in the law nature and are a specific addition to one of the types of criminal liability ("conviction + punishment"). The scope of restrictive measures is unreasonably narrowed as they are able to protect the victim from the person who committed the crime, protect against socially dangerous acts against the victim in the future, minimize interaction between the person in danger and the victim, if such carries significant risks, within various forms of criminal liability, not just one of them

Keywords: criminal liability, types of criminal liability, security measures, restrictive measures, criminal offence

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