The Definition Of Criminal Responsibility In Terms Of The Dominance Of The Rule Of Law
The article is devoted to analysis of criminal liability in criminal law. Discussions on the content of the concept of criminal responsibility in the science of criminal law sustained for a long time, resulting in a significant number of existing concepts.
Under criminal responsibility should be understood as a set of criminal compulsory measures and incentive effects, which are used by law the state to ensure compliance by the person who committed the criminal offense of duty required by law to endure restrictions on rights and freedoms.
Based on the proposed definition of criminal responsibility can distinguish its features. Criminal liability is a system (a set of interconnected) criminal actions, criminal liability is realized within public relations, mandatory subject of which is the state represented by the authorized bodies and officials. A special feature of criminal responsibility should recognize the special procedure for criminal responsibility and its subsequent implementation, which is determined by the provisions of the Criminal Procedure and Criminal Executive Codes of Ukraine.
The above makes it possible to conclude that the criminal legal doctrine by searching the contemporary requirements of the definition of criminal responsibility should be guided by the rule of law, which ensures the dominance of the development of the legal and social state and the proper functioning of civil society on the basis of recognized social indicators.