Legislative virus in the system of the Criminal Code of Ukraine: definition and actualization of the problem on the example of Article 368-2 of the Criminal Code of Ukraine
In this article was first justified need for a scientific use of a term «legislative virus in the system of the Criminal Code of Ukraine» and its definition is provided. This virus is proposed to understand a legislative requirement, which, after its inclusion in the Criminal Code of Ukraine, intera...
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Yaroslav Mudryi National Law University
2016-06-01
|
| Series: | Проблеми Законності |
| Subjects: | |
| Online Access: | http://plaw.nlu.edu.ua/article/view/70893 |
| _version_ | 1828379685752406016 |
|---|---|
| author | Василь Миколайович Киричко |
| author_facet | Василь Миколайович Киричко |
| author_sort | Василь Миколайович Киричко |
| collection | DOAJ |
| description | In this article was first justified need for a scientific use of a term «legislative virus in the system of the Criminal Code of Ukraine» and its definition is provided. This virus is proposed to understand a legislative requirement, which, after its inclusion in the Criminal Code of Ukraine, interacting with other elements of the system, determines the content of the criminal law legalized the possibility of arbitrary violation of human rights at its application in practice.
As an example, the presence of the virus in the Article 368-2 of the Criminal Code of Ukraine «Illegal enrichment» was detail analyzed, shown history of the emergence of the virus and its impact on the determination of the content of this Article and how it causes human rights violations in the application of this Article in practice.
The search of the viruses in the system of the Criminal Code of Ukraine is recognized the urgent task for the science of criminal law. Fighting these viruses is one of the areas of implementation of the rule of law principle in criminal law of Ukraine. |
| first_indexed | 2024-12-10T03:45:27Z |
| format | Article |
| id | doaj.art-299606dbf6dd4046802392edbc2c2d09 |
| institution | Directory Open Access Journal |
| issn | 2224-9281 2414-990X |
| language | English |
| last_indexed | 2024-12-10T03:45:27Z |
| publishDate | 2016-06-01 |
| publisher | Yaroslav Mudryi National Law University |
| record_format | Article |
| series | Проблеми Законності |
| spelling | doaj.art-299606dbf6dd4046802392edbc2c2d092022-12-22T02:03:27ZengYaroslav Mudryi National Law UniversityПроблеми Законності2224-92812414-990X2016-06-01013314215110.21564/2414-990x.133.7089370893Legislative virus in the system of the Criminal Code of Ukraine: definition and actualization of the problem on the example of Article 368-2 of the Criminal Code of UkraineВасиль Миколайович Киричко0Yaroslav Mudryi National Law UniversityIn this article was first justified need for a scientific use of a term «legislative virus in the system of the Criminal Code of Ukraine» and its definition is provided. This virus is proposed to understand a legislative requirement, which, after its inclusion in the Criminal Code of Ukraine, interacting with other elements of the system, determines the content of the criminal law legalized the possibility of arbitrary violation of human rights at its application in practice. As an example, the presence of the virus in the Article 368-2 of the Criminal Code of Ukraine «Illegal enrichment» was detail analyzed, shown history of the emergence of the virus and its impact on the determination of the content of this Article and how it causes human rights violations in the application of this Article in practice. The search of the viruses in the system of the Criminal Code of Ukraine is recognized the urgent task for the science of criminal law. Fighting these viruses is one of the areas of implementation of the rule of law principle in criminal law of Ukraine.http://plaw.nlu.edu.ua/article/view/70893legislative virusthe rule of law principlepublic dangerillicit enrichment. |
| spellingShingle | Василь Миколайович Киричко Legislative virus in the system of the Criminal Code of Ukraine: definition and actualization of the problem on the example of Article 368-2 of the Criminal Code of Ukraine Проблеми Законності legislative virus the rule of law principle public danger illicit enrichment. |
| title | Legislative virus in the system of the Criminal Code of Ukraine: definition and actualization of the problem on the example of Article 368-2 of the Criminal Code of Ukraine |
| title_full | Legislative virus in the system of the Criminal Code of Ukraine: definition and actualization of the problem on the example of Article 368-2 of the Criminal Code of Ukraine |
| title_fullStr | Legislative virus in the system of the Criminal Code of Ukraine: definition and actualization of the problem on the example of Article 368-2 of the Criminal Code of Ukraine |
| title_full_unstemmed | Legislative virus in the system of the Criminal Code of Ukraine: definition and actualization of the problem on the example of Article 368-2 of the Criminal Code of Ukraine |
| title_short | Legislative virus in the system of the Criminal Code of Ukraine: definition and actualization of the problem on the example of Article 368-2 of the Criminal Code of Ukraine |
| title_sort | legislative virus in the system of the criminal code of ukraine definition and actualization of the problem on the example of article 368 2 of the criminal code of ukraine |
| topic | legislative virus the rule of law principle public danger illicit enrichment. |
| url | http://plaw.nlu.edu.ua/article/view/70893 |
| work_keys_str_mv | AT vasilʹmikolajovičkiričko legislativevirusinthesystemofthecriminalcodeofukrainedefinitionandactualizationoftheproblemontheexampleofarticle3682ofthecriminalcodeofukraine |