Правова природа обмежувальних заходів, закріплених ст. 91-1 КК України, та їхнє місце в акті кримінального законодавства

Abstract

The article examines the legal nature of restrictive measures defined by Art. 91-1 of the Criminal Code of Ukraine, and the expediency of allocating space for their legal regulation in the act of criminal law. Attention is drawn to the fact that enshrining in legislation new legal measures is impossible without understanding their legal nature. The emergence of restrictive measures in the jurisprudence, which are currently provided for in Art. 91-1 of the Criminal Code of Ukraine related to the implementation in national legislation of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence and the adoption of the Law of Ukraine dated 6 December 2017 № 2227-VIII. However, during the discussion of the bill in scientific circles, the possibility of the institution of restrictive measures at the source of criminal law was questioned, given the administrative nature of such measures and not the criminal ones. It is stated that it is quite difficult to establish clear distinctions between measures of administrative and criminal influence. However, the criterion by which they can be distinguished, obviously, is the range of social relations to which their legal influence extends. The author noted that the criminal law nature of restrictive measures is due to the fact that they are applied in connection with the commission of a crime; the question of their application is decided simultaneously with the imposition of a sentence not related to imprisonment or release from criminal liability or punishment; they are applied in court. Key words: restrictive measures, legal nature of restrictive measures, measures of criminal law nature, security measures, prevention of domestic violence.