ABOUT LEGAL LIMITATION AS CRIMINAL LAW CATEGORY

Author (s):Orlovska N. A.

Work place: 

Doctor of Sciences (Law), Professor, Professor of the Department of Criminal Law and Process,  National Academy of the State Border Guard Service of Ukraine named after B. Khmelnytskyi, Khmelnytskyi, Ukraine

Language: Ukrainian

Criminal Executive System: Yesterday. Today. Tomorrow. 2018 No 1(3):23-34

https://doi.org/10.32755/sjcriminal.2018.01.023

Summary

The different questions of legal limitation as a criminal law category in the crime prevention context are being considered in the article. Actual aspects of choice for those rights and freedoms whose limitation/liquidation forms punishment as a kind of criminal law compulsion are lighted up. Rights and freedoms (which limitation/liquidation could permit to extend a list of punishment types) number increasing possibilities are discussed. Legal limitations are characterizing content not only for punishment but also for other criminal law measures – such thesis has been argued. However, not all similar measures present themselves legal limitations. There is paying attention to the fact: criminal law influence variety is orienting on the criminal law measures aims but not on presence/absence legal limitations in their content.

The concept of multidimensional criminal and law influence is not connected with the division of criminal and law measures into law-restricting and those that do not contain restrictions. The criterion for classification is the subject orientation of a particular measure and its specific purpose.

Key words: criminal law compulsion, legal limitations, punishment, rights and freedoms, legal limitations.

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