Application of the principle of retroactivity in ukrainian legislation for commitment of applicable offenses against property
Purpose. The purpose of the work is to study the extension of the principle of retroactivity to law-making and law-enforcement practice to the legal system in Ukrainian legislation. Methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theo...
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| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
King Danylo University
2024-12-01
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| Series: | Науково-інформаційний вісник Івано-Франківського університету права імені Короля Данила Галицького |
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| Online Access: | https://visnyk.iful.edu.ua/en/issue-%e2%84%96-1830/lototskyi-m-dzundza-l-application-of-the-principle-of-retroactivity-in-ukrainian-legislation-for-commitment-of-applicable-offenses-against-property/ |
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| Summary: | Purpose. The purpose of the work is to study the extension of the principle of retroactivity to law-making and law-enforcement practice to the legal system in Ukrainian legislation. Methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of relevant conclusions. The following methods of scientific knowledge were used during the study: comparative law, logical-grammatical, system-structural, modeling. Results. During the study, it was recognized that in the legislation of Ukraine, in the process of creating and implementing legal norms, general principles of law are applied, which are guided by state authorities and local governments in their activities within the framework of their competence. When adopting new regulatory legal provisions or making changes to existing ones, general principles of law must be applied. The application of the principle of retroactivity of law allows individuals and legal entities to be confident in the legal assessment of their actions not only when they are committed, but also in the future. Scientific novelty. In the process of research, it was scientifically substantiated that the criminal procedural legislation of Ukraine as a whole complies with the Fundamental Law of Ukraine and the practice of the European Court of Human Rights during criminal proceedings when changing the punishment for committing criminal offenses.
Practical significance. The results of the study can be used in law-making activities in the further improvement of national criminal procedural, criminal legislation regarding the improvement of the institution of the application of punishment when improving the legislation on punishment for committing criminal offenses, as well as in the educational process during the teaching and study of the academic disciplines “Criminal Procedural Law of Ukraine”, “Criminal Law”, “Law Enforcement Activities”, “Advocacy”, others. |
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| ISSN: | 2078-6670 2618-0308 |