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

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S. M. GUSAROV
A. M. YASHCHENKO

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.

Article Details

How to Cite
GUSAROV С. М., & YASHCHENKO А. М. (2022). CONCERNING THE QUESTION OF THE ESSENCE OF A CONVICTION AND ITS APPLICATION IN THE MECHANISM OF IMPLEMENTATION OF CRIMINAL LIABILITY. Bulletin of Criminological Association of Ukraine, 27(2), 19–30. https://doi.org/10.32631/vca.2022.2.02
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Статті
Author Biographies

S. M. GUSAROV, Kharkiv National University of Internal Affairs

Doctor of Law, Professor, Honored Lawyer of Ukraine

A. M. YASHCHENKO, Kharkiv National University of Internal Affairs

Doctor of Law