ISSUES OF CRIME AND PUNISHMENT IN CONSTITUTIONAL ACTS OF ASIAN COUNTRIES
Authors:
Type:
Article
Pages:
from 0
to 0
Status:
Published
Received:
11.03.2016
Accepted:
11.03.2016
Published:
11.03.2016
Language:
Russian
Keywords:
Constitution, Asian countries, crime, punishment, sharia, death sentence, deprivation of freedom, forfeiture of estate, state protected assets, deprivation of electoral right, dismissal.
Abstract (English):
The current article presents a comparative legal analysis of existing constitutions and acts of constitutional meaning of Asian States, which allowed the author to disclose universal and individual approaches of understanding of legal nature and concept of notion of crime and punishment as applied to constitutional legal regulation. Examples of identical statement of the main elements of crime and punishment in the constitutional acts of Asian countries (crime and punishment established by a law; punishment is determined by the court for act, which is an offence by the law at the moment of its commission; nobody can be subject to sentence more than is provided by the law at the moment of the crime; punishment has individual character) and the original national regulation of protection of separate public relations from criminal infringements (inviolability of state authority, public order and security, individuals’ rights and freedoms, right of ownership, historical and cultural heritage) are provided. The author made a conclusion that universal and individual approaches of understanding of legal nature and content of notion of crime and punishment are not strongly differentiable in constitutions of Asian countries. They are closely bound and are in constant cooperation. This is particularly evident when questions connected to deprivation of passive and (or) active electoral right as well as dismissal of heads of states and disqualification of officials of public authorities.
The current article presents a comparative legal analysis of existing constitutions and acts of constitutional meaning of Asian States, which allowed the author to disclose universal and individual approaches of understanding of legal nature and concept of notion of crime and punishment as applied to constitutional legal regulation. Examples of identical statement of the main elements of crime and punishment in the constitutional acts of Asian countries (crime and punishment established by a law; punishment is determined by the court for act, which is an offence by the law at the moment of its commission; nobody can be subject to sentence more than is provided by the law at the moment of the crime; punishment has individual character) and the original national regulation of protection of separate public relations from criminal infringements (inviolability of state authority, public order and security, individuals’ rights and freedoms, right of ownership, historical and cultural heritage) are provided. The author made a conclusion that universal and individual approaches of understanding of legal nature and content of notion of crime and punishment are not strongly differentiable in constitutions of Asian countries. They are closely bound and are in constant cooperation. This is particularly evident when questions connected to deprivation of passive and (or) active electoral right as well as dismissal of heads of states and disqualification of officials of public authorities.
Keywords:
Constitution, Asian countries, crime, punishment, sharia, death sentence, deprivation of freedom, forfeiture of estate, state protected assets, deprivation of electoral right, dismissal.
Constitution, Asian countries, crime, punishment, sharia, death sentence, deprivation of freedom, forfeiture of estate, state protected assets, deprivation of electoral right, dismissal.
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