SANCTIONS FOR ILLEGAL CONDUCT WITH POISONOUS AND DRASTIC SUBSTANCES OR POISONOUS AND DRASTIC PHARMACEUTICAL DRUGS

Authors

  • Maryna Bondarenko State Research Institute of the Ministry of Internal Affairs of Ukraine

DOI:

https://doi.org/10.36690/2674-5216-2020-3-109

Keywords:

criminal law, criminal legal norm, punishment, sanction, design of sanction, relatively defined sanction, alternative sanction, cumulative sanction, fine, detention, corrective labor, imprisonment

Abstract

The article is devoted to the investigation of criminal legal norm, namely, to one of its parts – sanction. In this aspect, a brief overview of general theoretical problems is made, their importance and prospects in further study for science and practice are shown. The aim of the article: to analyze the general concept of criminal legal sanction, to investigate the sanctions of norms provided by Art. 321 of the CC of Ukraine, to identify the shortcomings of their design and to suggest ways of their improvement. The research methodology: historical-legal, comparative-legal, logical ones, the method of analysis and synthesis. The definition of the concept of sanction is described, as well as what types of sanctions exist, which prevail in the norms of the law of Ukraine on criminal liability, etc. In addition, the peculiarities of the sanction design, in particular in comparison with foreign criminal legislation, and the existing shortcomings in the domestic criminal law are provided. In total, this provided an opportunity to analyze Art. 321 of the Criminal Code of Ukraine (hereinafter – the CC of Ukraine), and to formulate ways to improve it. The main results: to apply the experience of foreign criminal law, which provides the gradation of even each type of punishment, the use of arithmetic rules to increase and decrease the amount of punishment in case of existence of mitigating or aggravating circumstances, etc., at least for the most common crimes.

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Author Biography

Maryna Bondarenko, State Research Institute of the Ministry of Internal Affairs of Ukraine

Postgraduate student, State Research Institute of the Ministry of Internal Affairs of Ukraine, assistant judge of the Criminal Cassation Court within the Supreme Court, Kyiv, Ukraine, e-mail: bondms@ukr.net

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Additional Files

Published

2020-10-01

How to Cite

Bondarenko, M. (2020). SANCTIONS FOR ILLEGAL CONDUCT WITH POISONOUS AND DRASTIC SUBSTANCES OR POISONOUS AND DRASTIC PHARMACEUTICAL DRUGS. Public Administration and Law Review, (3), 109–118. https://doi.org/10.36690/2674-5216-2020-3-109

Issue

Section

CHAPTER 2. LEGAL RELATIONS: FROM THEORY TO PRACTICE