Scholarly record

THE CONCEPT AND ESSENCE OF PROPERTY PUNISHMENT IN UKRAINE

K. Marysyuk, Y. Stupnyk

Abstract

In terms of legal theory, Ukraine, as the main structural element of the political system, carries out the state policy the aim of which is provided in the Constitution of Ukraine. This policy is demonstrated in different directions, defining the main objectives and content of the state activity in all areas of public relations. One of the structural elements of the state policy is legal policy, the main task of which is to create an effective system of social relations regulation by legal means. Depending on its orientation, this policy is divided into subtypes that typically correspond to law branches. However, there are inter -species of legal policy, which unite under a common goal. To these species the policy of the fight against crime belongs, the backbone element of which is a criminal law policy. The criminal law policy, being a structural element of policy in the fight against crime, has the task of developing and implementing measures to fight crime, using criminal law means, and perhaps, primarily - through penalties, including property penalties. The methodological basis of the study is the dialectical method that was used during the investigation and which revealed and resolved conflicts taking place in society; it showed the dialectical relationship of structural elements of criminal law policy in the field of property punishment in Ukraine with features that are unique to specific legal state formations. Using the method of generalization, we were able to obtain characteristics of the criminal law policy in the field of property penalties in general and its elements. Genetic method allowed us to answer questions about the origins of phenomena, that is to determine facts which led to the appearance of the phenomenon. Such method is used, for example, dealing with questions of genesis of the system of property penalties. With the use of formal legal method the basic legal concepts of study were define, as well as their signs and classification. Nowadays, there are various approaches to understanding property penalties in the scientific literature. Taking into account their characteristics, we offer to use the following approach. All penalties that to some extent are intended to impact on wealth of the sentenced we offer to name "punishment of material nature." The latter, in turn, can be divided into two groups. To the first of them we offer to include those with central punitive effect directed to the above material value. In the future, we offer to name them "property penalties" and attribute a fine and confiscation of property to them. Other penalties, that have a certain impact on wealth of the convicted, but this effect is not the basic purpose of punishments mentioned (for instance, remedial work and service restrictions for military personnel), we offer to call "other punishments of the material nature." Based on the concepts and features of the property penalties mentioned above, we consider that only a fine and confiscation of property can be attributed to the latter. Our research will be dedicated to the analysis of the criminal law policy in the area of their application.

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