Зміст і форми кримінальної відповідальності

Abstract

The article argues the content of criminal liability is formed by its mandatory and optional features. The obligatory features are: a) conviction of the subject of the criminal offense; b) a criminal record for such a conviction; c) restriction or deprivation of the rights and freedoms of the convict due to his criminal record. The optional features are: a) punishment or its alternatives; b) additional restrictions on the status of the convict due to punishment or its alternatives. The content of criminal liability determined its forms. The article distinguishes two of the forms: 1) conviction without sentencing; 2) conviction with sentencing. Each of them is divided into a number of species and varieties. In contrast to the traditional approach, in theory and practice, priority is given to less severe forms of criminal liability (convictions without sentencing). This will testify to the implementation of the humanism principle of criminal liability not only literally but also in deeds. There is no reason to recognize the so-called release from it as a form of criminal liability. On its application, the court waives its right to convict a person, and so without conviction criminal liability is impossible. Thus, exemption from criminal liability is a form of other means of criminal legal regulation, and not a manifestation of liability. The definition of the content and forms of criminal liability should be based on its official understanding, reflected in the decision of the Constitutional Court of Ukraine on parliamentary immunity. In this case, a criminal record should be recognized as a mandatory feature of the content of criminal liability, and not a legal consequence of the latter. Key words: criminal liability, content of criminal liability, mandatory features, optional features, forms of criminal liability.