КРИМІНАЛЬНА ВІДПОВІДАЛЬНІСТЬ: ЗАГАЛЬНІ ЗАУВАЖЕННЯ

Abstract

The Criminal Code of Ukraine has repeatedly used the phrase "criminal responsibility" but does not define it.

In the theory of criminal law, the phenomenon of criminal responsibility was investigated quite often. Available monographs, a number of scientific articles, relevant sections of textbooks, manuals. The issue of criminal liability was also considered by the Constitutional Court of Ukraine.

However, there is no consensus on criminal liability. Questions remain to be debated, including: what constitutes criminal liability; types of criminal liability; about the moment of its occurrence and termination; on the relation of concepts: "criminal responsibility" and "criminal-legal relations".

This situation does not contribute to a consistent understanding of conceptual criminal law provisions, which may adversely affect the lawfulness of the law enforcement system, respect for human rights and freedoms.

The article explores the meaning of the concept of "criminal responsibility" - the duty of a person assigned to it by a criminal law, not to commit a crime, and in the case of committing - the obligation to be influenced by this law and in fact (real) to have such influence, due functioning (response) of relevant state structures.

Positive and negative criminal liability is justified. Positive Criminal Responsibility is the duty of a person not to commit a crime, negative is a duty in the case of committing a crime to be influenced by the criminal law and to actually (real) suffer such influence. The moment of their occurrence and termination is traced. Positive criminal liability arises from the entry into force of the criminal law. It ends with the fact that a person complies with the requirements of the criminal law. The initial moment of negative criminal responsibility is the moment of committing a crime. The final is the repayment or withdrawal of a criminal conviction for a particular person (there may be cases of ending criminal liability earlier, according to legal provisions, for example, in the case of release from criminal responsibility in connection with reconciliation of the perpetrator with the victim).

Identity of the concepts of "criminal responsibility" and "criminal-legal relations" is proved. The mechanism of implementation of criminal liability is considered.

The proposed understanding of the content of the concept of "criminal responsibility" will contribute to its holistic perception, observance of human rights and freedoms, ensuring the legitimacy and effectiveness in the activities of state bodies for crime prevention, criminal proceedings, execution of sentences.