СУТНІСТЬ КРИМІНАЛЬНОЇ ВІДПОВІДАЛЬНОСТІ ТА ЇЇ СПЕЦИФІЧНІ ОЗНАКИ

Abstract

The article analyses different approaches to the definition of criminal law and the measures of state condemnation and coercion specified by the court verdict. Identification of criminal responsibility and punishment, reduction of criminal responsibility to the application of sanctions has been established. Consideration of criminal responsibility as specific criminal-legal relations or as a set of criminal-legal, criminal-procedural and criminal-executive relations is presented. It is argued that the following definition may be the most appropriate: criminal responsibility: as a real application of measures of state condemnation and coercion on a person who committed the crime, provided by the criminal law and specified by the court verdict. In some cases, criminal responsibility can be reduced only to state condemnation of the person who committed the crime. It is noted that on the basis of criminal law, a versatile centre of issues related to criminal responsibility is formed; its forms, grounds and other features are determined. This creates conditions for ensuring legality, constitutional rights and freedoms of citizens. It is shown that criminal liability is defined as a complex multifaceted phenomenon. Adjusting to other types of legal responsibility, it performs regulatory, punitive, restorative and educational functions. It has been established that the following are the most common definitions of criminal responsibility. Definition of criminal responsibility as the obligation to be responsible for the commission of a socially dangerous act prohibited by criminal law and to endure restrictions of a moral, material and physical nature. Understanding criminal responsibility as a real application towards the person who committed the crime.