Civil delicts criminalization grounds

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Introduction: in the work, the problem of defining the conditions and reasons for setting the liability for civil delicts is raised. Purpose: the conditions are analyzed of introducing the crime elements of liability for making the legal delict into the criminal law; and the principal positions as referred to the possibility of such a liability incurrence are defined. Methods: the methodology of the research is based on the dialectical method of the scientific cognition. The author uses general scientific (analysis and synthesis, induction and deduction, systematic approach) methods and specific scientific methods of research (technical and comparative). Results: in the work, the classification is performed of the types of the legal liability as per the purpose criterion and the grounds, the system of measures and the order of their application with the account for the interrelation of the mentioned types. The author’s approach is formulated to the classification of the crime types. Besides, the notion is specified of the social danger of the crime, the place and the meaning of the mentioned phenomenon in the system of the legal liability institution. The connection between the civil delicts and the crimes is discovered. Conclusions: the reasons of the criminalization of the civil delicts is the characteristic of the social danger of the crime and the offender, that provides for the insufficiency of the civil and disciplinary sanctions influence onto the offender on the one hand, and insufficiency of the administrative penalty for preventing new civil delicts, and on the other hand - the necessity of applying the criminal legal measures for the mentioned purposes.

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Legal liability, criminal liability, civil liability, civil delict, crime, criminalization, grounds for criminal liability, offense

Короткий адрес: https://sciup.org/147202446

IDR: 147202446

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