THEORETICAL PRINCIPLES OF CLASSIFICATION OF CRIMINAL SANCTIONS BY THE DEGREE OF DEFINITION OF THEIR BOUNDARIES
Abstract
Abstract. The article is devoted to the analysis of the theoretical foundations of the classification of criminal sanctions according to the degree of determination of their limits. The types of sanctions are identified depending on the definition of their boundaries, scientific discussions on their differentiation are characterized. The existence of relatively-defined and absolutely-defined sanctions in the current criminal legislation is stated. The essence of relatively defined sanctions has been clarified, which are sanctions that provide for punishment of one type, setting a lower and higher or only higher limit. It is noted that in the current Criminal Code of Ukraine, as well as in the provisions of the draft new Criminal Code, all sanctions of the Special Part are relatively defined sanctions. The full reflection of the substantive and functional specifics of the punishment by the relatively determined sanctions has been proven. It is determined that relatively defined sanctions contribute to the individualization of the punishment, taking into account the severity of the committed act, the person of the perpetrator, the circumstances that mitigate or aggravate the punishment, with the establishment of minimum and maximum limits of the imposed punishment. Absolutely defined sanctions are characterized, containing an indication of a clearly defined amount of the type of punishment included in it, indicate a specific measure of state influence, establishing a single type of punishment. The suitability of scientists' negative attitude to absolutely defined sanctions has been determined only in the case of the existence of non-alternative absolutely defined sanctions. It is noted that in the presence of alternative absolutely defined sanctions, the court has the possibility of choosing a punishment. The existence of absolutely defined sanctions in Part 2 of Article 111, Part 8 of Article 111-1, Part 2 of Article 113, Part 6 of Article 152, Part 6 of Article 153 of the current Criminal Code of Ukraine is stated. It is proved that the practice of applying absolutely defined sanctions in the case of their construction as alternatives does not cause objections and is quite justified in view of the severity of the committed acts, allowing the court to implement the principle of differentiation of criminal liability and punishment. It is concluded that the certainty of the content of a criminal law sanction presupposes the existence of its maximum and minimum limit, compliance with which is a necessary requirement of the principle of legality and a specific degree of formal certainty.
Keywords: criminal liability; criminal offense; criminal law sanction; classification; punishment; relatively defined sanctions; absolutely defined sanctions.
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