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Sanctions in the system of criminal legal means of security activities protection
Author(s) -
M. Syiploki,
Ya. M. Nytka
Publication year - 2022
Publication title -
uzhhorod national university herald series law
Language(s) - English
Resource type - Journals
eISSN - 2664-6153
pISSN - 2307-3322
DOI - 10.24144/2307-3322.2021.69.69
Subject(s) - sanctions , punishment (psychology) , criminal code , political science , law , legislation , criminal procedure , criminal law , theory of criminal justice , legislator , criminology , criminal justice , sociology , psychology , social psychology
The article considers and analyzes the sanctions of the articles of criminal legal norms, which provide liability for criminal offenses against security activities. Emphasis is placed on the complexity of the researched issues, as the theory of criminal sanctions has not been developed yet; there are no clear principles and general rules for creating the limits of sanctions.  The opinion of scientists on the institution of punishment in the criminal legislation of Ukraine is analyzed there. Punishment in its content is a statutory restriction of certain rights and freedoms of the convict. Depending on the specific type of punishment provided for in the sanction of the article of the Criminal Code of Ukraine, such a restriction may apply to certain personal, property and other human and civil rights and freedoms provided by the Constitution of Ukraine. It is stated that the sanction is a mandatory component of the article or part of the article of the Special Part of the Criminal Code of Ukraine, which is a model of the type and scope of punishment, proportional to the public danger of a criminal offense under the current Criminal Code. It is noted that sanctions for criminal offenses against security activities do not always adequately reflect the nature and degree of public danger of acts, as well as the design features of the dispositions of criminal legal norms. It is concluded that the analysis of sanctions of articles of the Criminal Code of Ukraine, in particular, sanctions aimed at protecting security activities, shows that there are certain shortcomings that must be eliminated by the legislator.

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