Article title Penalization of Criminal Offenses: Prospects for Improvement
Authors
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 7/2013
Сторінки [291-297]
Annotation The reforming of the criminal justice in Ukraine exacerbates the issue of determining the boundaries of the perpetrators' responsibility. It also must be considered that the new Code of Criminal Procedure stipulates that the criminal trial is conducted in respect of the offenses and criminal misdemeanours. The solution of the problem requires one of the conceptual issues to be solved such as the penalization of criminal misdemeanours, which is primarily connected with the process of determination of punishment and its measure. The penalization of crimes is inextricably linked with the process of determination of criminal penalties. The latter is primarily concerned with the fact that the penalty is a formal reflection of the penalization. The process of determining of the punishment for acts by the legislator, and the process of sentencing in court practice can be regarded as stages of penalties which go after each other. Thus, the research of these issues will enable to develop not only the directions of the state policy in the sphere of penalization of criminal misdemeanours, enhance criminal penalties, but also ensure the implementation of the criminal law principles, which all combined will enable to take into account the statement under which the crime and the criminal misdemeanour are the kinds of criminal offenses.
Keywords penalization, sanction, criminal penalties, sanctions design, criminal liability, punishment.
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