The social conditioning of criminal responsibility for illegal deprivation of liberty


  • O.R. Riznyk



the social conditioning, criminalization, the illegal deprivation of liberty, the grounds of criminalization, the international legal obligations


Personal freedom is an inalienable property of a person embedded in his very essence, it is the embodiment of individuality and self-sufficiency of everyone, a normal condition for the development of an individual and society as a whole. We suggest that socially dangerous acts, which are provided by art. 146, 1461, 147, 149, 151, 349, 3491, 371, 444 of Criminal Code of Ukraine.
Every time, researching the issue of the existence of criminal responsability and the forms of its implementation, scientists do not bypass the question of the social conditioning of these legal phenomena.
In modern conditions of globalization, all civilized countries are trying to build their legislation, including criminal legislation, and, accordingly, to develop a system of countermeasures against socially dangerous acts, based on international normative acts. The international legal need to establish criminal law prohibitions in Ukrainian legislation depends on the international obligations that Ukraine has assumed before the international community. In accordance with such obligations, national legislation must be brought into line with the requirements and recommendations established in international legal documents to which Ukraine is a party. All these conventions establish the right of a person to personal freedom. In addition, some of them contain provisions on the need to establish criminal responsability and punishment for crimes related to illegal deprivation of liberty.
Characterizing the criminally illegal acts connected with illegal deprivation of liberty to date, and analyzing in detail their crime-forming features, one should talk about their social danger. And the nature and degree of public danger of such criminally illegal acts is determined by the value of the entire system of criminal law protection objects, which are negatively affected.