CONCERNING THE QUESTION OF THE ESSENCE OF A CONVICTION AND ITS APPLICATION IN THE MECHANISM OF IMPLEMENTATION OF CRIMINAL LIABILITY

Authors

  • S. M. GUSAROV Kharkiv National University of Internal Affairs , Харківський національний університет внутрішніх справ
  • A. M. YASHCHENKO Kharkiv National University of Internal Affairs , Харківський національний університет внутрішніх справ

DOI:

https://doi.org/10.32631/vca.2022.2.02

Keywords:

criminal record, criminal law measures, application of a criminal record, individualization of a criminal record.

Abstract

The article is devoted to clarifying the issue of the essence of a criminal record, its concept and signs, criteria for systematization of legal restrictions,burdens or prohibitions of a criminal record, as well as the concept and features of the application of norms about a criminal record in the mechanism of implementation of criminal responsibility and drawing up on this basis its own generalized conclusions that would contributed to the expansion of the scientific understanding of the criminal record as a type of other measures of a criminal legal nature.By its legal nature, a criminal record, being another measure of a criminal-legal nature, is a means of criminal responsibility. A criminal record should be understood as a complex of general and criminal law restrictions, burdens and prohibitions defined by law, which are imposed on a person convicted of a criminal offense simultaneously with the imposition of a punishment or without such an imposition and (or) his release from serving a sentence with probation on the basis of Art. 75, 79 of the Criminal Code.

Downloads

Download data is not yet available.

Author Biographies

  • S. M. GUSAROV, Kharkiv National University of Internal Affairs, Харківський національний університет внутрішніх справ

    Doctor of Law, Professor, Honored Lawyer of Ukraine

  • A. M. YASHCHENKO, Kharkiv National University of Internal Affairs, Харківський національний університет внутрішніх справ

    Doctor of Law

Published

2022-12-23

How to Cite

CONCERNING THE QUESTION OF THE ESSENCE OF A CONVICTION AND ITS APPLICATION IN THE MECHANISM OF IMPLEMENTATION OF CRIMINAL LIABILITY. (2022). Bulletin of Criminological Association of Ukraine, 27(2), 19-30. https://doi.org/10.32631/vca.2022.2.02