The Notion Of Security Measures According To Ukrainian Criminal Law

Abstract

The article investigates the notion of security measures according to criminal law of Ukraine with considering the relevant theoretical achievements formulated by criminal law doctrine, which represent some aspects of the study of such measures. In particular, the author states that the problem of the definition of security measures is not resolved clearly nowadays. Moreover, the current Criminal Code of Ukraine also does not operate with this concept. The legislator marked the provision that measures which are recognized as security measures by law nature are assigned into different independent institutes of criminal law («Exemption from punishment and its execution», «Other criminal law measures», «Peculiarities of criminal liability and punishment of minors», «Conviction»). In conclusion, the author believes, that under the criminal law security measures we should understand such kind of measures of criminal law, predicted by the Criminal Code of Ukraine, which are applied to a person in «dangerous condition» on behalf of the state by motivated decision of court to prevent commitment of new socially dangerous acts, that corresponds all signs of offense predicted in Special Part of the Criminal Code of Ukraine.