Abstract
Purpose of this article is to form a new approach to a doctrinal definition of punishment as the most used means of criminal and legal influence on a behavior of a person having committed a penal offence. In order to achieve the stated goal, the widespread in the scientific study of punishment application of the cultural and anthropological methodology indicates the need to balance the interests of an individual, a society and a state in the process of law-enforcement through the expansion of the humanistic principles of criminal law, the restoration and protection of the rights and legitimate interests of a victim by means of criminal and legal influence. Results. The use of cultural and anthropological methodology makes it possible to determine a punishment as a special kind of criminaland legal coercive measure being imposed on behalf of the state by a court to a person convicted of committing a crime (criminal misconduct) in the established procedural order. The realization of the mentioned order is accompanied by necessary and sufficient limitation of rights and freedoms of an offender and serves as an act of restoring social justice having been violated by committing a criminal offense. In the chosen approach, a criminal and legal measure serves as a basic element of punishment thus it should be understood as a system of methods and ways of enforcing coercive as well as rehabilitation and encouraging state influence on criminal practices (criminal offenses, objectively unlawful acts, abuse of law etc), lawful conduct, carried out on the basis of the law and determined by the cultural environment in the particular historical conditions of society development. Punishment as one of the types of criminal and legal measures is characterized by objective and subjective properties including special purposes of punishment. The system of such purposes reflects the way of restoring social justice, violated by a criminal offense; grounds for punishment; determination of the range of persons who the punishment may be applied to and procedural order for the application of punishment reflected in the court’s discretion. Conclusions. Thus, the cultural and anthropological methodology provides an opportunity to optimize the normative characteristics of punishment, which creates the preconditions for proper and effective punishment, which remains the most demanded kind in the application of the norms of criminal law.
Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callMore From: Kherson State University Herald. Series Legal Sciences
Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
