Constructing the sanctions of norms of criminal law for the crimes infringing citizen employment rights: to setting the problem

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Introduction. The relevance of the chosen problem is determined by the importance of the institution of sanctions of criminal law, which reflects relations of crime and punishment, functions as the tool of practical implementation of appropriateness of responsibility to the committed crime and promotes achieving the goals of punishment. To ensure the effectiveness of law enforcement impact the sanction must maximally consider the specifics of certain crimes followed by its application, as well as the peculiarities of the criminal for individualization of the imposed punishment. Therefore, the author researches the problems of constructing the sanction of criminal law for the crimes which infringe citizen employment rights. Materials and Methods. Along with general scientific methods (dialectical, inductive, deductive, analysis and synthesis) the researcher employed special scientific methods: legal formal, legal systematic, legal comparative, sociological. Methodological basis for forming the provisions included theoretical works and conceptions in criminal law and criminology, certain provisions developed by individual authors relying on practice of application of criminal law and tendencies of crime development. Results and Discussion. The author analyzes the issues of criminal policy and penalization of crimes infringing citizen employment rights. It is important to note that the effectiveness of criminal policy also depends on the appropriate constructing of sanction of criminal law. Under consideration is the essence and legal foundation of building the sanctions for the crimes against citizen employment rights. The paper studies the peculiarities of building the sanctions for the mentioned crimes. The researcher outlines the main theoretical and methodological views of national criminologists with respect to the aims and approaches to constructing sanctions of criminal law. The functions of punishment and their connection with sanctions are described. Conclusions. To increase effectiveness of prevention of crimes against citizen employment rights it is necessary to improve sanctions for these crimes. Development of the system of sanctions must be based not only on theoretical searches in building effective system of criminal penalties but also through statistical and sociological studies, examination of practice of imposing punishment.

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Crimes against citizen employment rights, criminal policy, sanction, penalization, punishment

Короткий адрес: https://sciup.org/149125065

IDR: 149125065   |   DOI: 10.24411/1999-6241-2020-11015

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