DOI 10.37749/2308-9636-2020-2(206)-4
Abroskin V. V., Kindyuk B. V. Comparative analysis of the main provisions of the Criminal code of Ukraine 2001 year and the Criminal code of the Republic of Poland 1997 year
The article deals with the reasons for the adoption and the main provisions of the Criminal code of Ukraine 2001 year and the Criminal code of Poland in 1997 year. It is shown that the total content of the Criminal code of Ukraine in 2001 year significantly exceeds the volume of the Criminal code of Poland in 1997 year and is more humane.
The reasons for the adoption of the Criminal code in 1997 year were the need to amend the legislation based on the 1997 year Constitution of Poland, as well as to harmonize the legislation in force in this country with European standards. Similarly, the Criminal code of 2001 year was adopted on the basis of the provisions of the 1996 year Constitution, which embodied the rule of law in the country, recognized a person, his life and health, honor and dignity as the highest social value.
The total volume of the Criminal code of Ukraine in 2001 year significantly exceeds the Criminal code of Ukraine in 1997 year by the number of characters 1.9 times and the number of articles by 1.2 times. Another difference between the two codified acts is the fact that the Ukrainian act consists of two parts, and the Polish of the three acts — General, Special and Military. The logical scheme of construction of the General part consists of the following blocks: 1) principles of criminal compliance; 2) forms of crime; 3) punishment; 4) rules of their appointment; 5) prescription; 6) clarification of the concepts of the code.
A characteristic feature of both codified acts is the fact that in them the largest number of marks falls on the section devoted to crimes in the sphere of economic activity, credit, banking and financial spheres. At the same time, both codified acts are characterized by considerable uneven distribution of textual material.
Of the Criminal code of 2001 year differs from the Criminal code of 1997 year by a more humane treatment of penalties when considering penalties and the maximum term of imprisonment, but the Criminal code of Ukraine provides for the use of life imprisonment in 27 articles, despite the fact that the Criminal code of Poland only has three articles.
Key words: Criminal code, Ukraine, Republic of Poland, quantitative indicators, crime, penalties, comparative analysis.
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