LIMITATION IN CIVIL AND CRIMINAL LAW: COMPARATIVE AND LEGAL ASPECTS
Journal Title: Вісник Одеського національного університету. Правознавство - Year 2016, Vol 21, Issue 2
Abstract
The article is defined to the concept of limitation in civil and criminal law. The main features of limitation in criminal and civil law were determined. Limitation in Ukrainian law is one of the most important phenomena, as shows the effect of time on legal relations. Limitation is different, whichever applies to any law, so it is impossible to provide a general theory of the limitations. Limitation is interdisciplinary in its nature, that is featured in the sectors of private law (civil law) and public law (criminal law, criminal procedural law). Therefore it is expedient to consider conducting comparative legal limitations analysis in civil and criminal law in order to clarify theoretical and practical importance of applying the provisions of the current legislation in this area. In criminal law limitation exempts the convicted person from criminal responsibility and punishment. The person who stumbles and committed a criminal offense has an opportunity to correct. The basis of limitations’ application in the modern criminal law is considered to be a substantial reduction of social danger of the crime committed due to the fact that a considerable period of time has expired. In civil law, the limitation is the legalization of the actual state of implementation or non-exercise of the rights known at the end of the set time by the law. In civil law, the limitation is a expired certain period to the conditions provided by law, and shall entail the establishment, modification or termination of civil rights and (or) duties. It must be concluded that the limitation figures in various fields of law, so it has a inter-sectoral nature.
Authors and Affiliations
K. R. Petrenko
Keywords
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