Меры уголовно-правового характера за совершение неправомерных непреступных уголовно-правовых деяний

Abstract

The article raises the problem of the absence in the doctrine of criminal law of a single understanding of what are criminal measures applied for the Commission of illegal non-criminal criminal acts. Objectives of the study: 1) determine the scope of the concept «other measures of criminally-legal character»; 2) to characterize measures of criminal law imposed for unlawful non-criminal criminal-legal acts; 3) examine the correlation of criminal responsibility and other measures of criminal-legal character; 4) classify the measures of criminal law imposed for unlawful non-criminal criminal-legal acts. Methods: formal-legal, comparative analysis method. The following conclusions are made: 1. Illegal non-criminal criminal law acts, characterized by public danger, as legal facts entail the emergence of protective criminal relations. Other measures of a criminal legal nature applied on the basis of these acts are carried out outside the framework of criminal responsibility, respectively, they are not forms of its implementation. 2. Illegal non-criminal criminal-legal acts that are not socially dangerous, as legal facts affect the dynamics of existing criminal-legal relations that arose as a result of the Commission of crimes. Other measures of a criminal-legal nature applied on the basis of the specified acts are carried out within the framework of criminal responsibility, are forms of its implementation. 3. The concepts of criminal responsibility and criminal law measures do not coincide in terms of content. The concept of criminal law measures is broader in terms of the concept of criminal responsibility, since its content includes criminal responsibility with its forms, which are measures of a criminal law nature, as well as other criminal law measures imposed for the Commission of illegal non-criminal criminal law acts characterized by public danger. 4. Measures of a criminal-legal nature are classified on the basis of two interrelated criteria: 1) whether they relate to the forms of criminal responsibility; 2) what is the degree of public danger of an illegal criminallegal act is the basis for their application.