Theoretical and legal approaches to the classification of sanctions
Year: 2024
Type: article
Abstract: Theoretical and legal approaches to the classification of sanctions are systematized concepts used to analyze, define, and structure sanctions within a legal framework. These approaches are based on legal theory and help organize various types of sanctions depending on specific criteria. This article discusses theoretical and legal approaches to sanction classification in the legal system, emphasizing the importance of their application in law enforcement and legal accountability. Key approaches to sanction classification include distinctions based on the nature of enforcement measures and the bodies applying them, as well as the methods of maintaining legal order. Sanctions are categorized into criminal, administrative, and disciplinary sanctions, with criminal sanctions being the most severe, applied by the court for serious offenses, including imprisonment. Administrative sanctions, which are less severe, aim to maintain public order without overburdening the judicial system and are applied by authorized state bodies or officials. Disciplinary sanctions, unlike criminal and administrative ones, are applied by the administration of an organization and serve as an internal control mechanism within institutions to maintain professionalism and ethical standards. Sanctions are further divided into restorative and punitive (penal) categories. Restorative sanctions aim to restore the original state, rights, or compensate for damages caused by the violation. Punitive sanctions, on the other hand, focus on punishing the violator, preventing future offenses, and deterring others, emphasizing justice and responsibility over restoring the previous state. The approaches outlined in the article enable the differentiation of sanctions based on different characteristics and objectives, ensuring their correct and effective application in specific legal situations. Systematized approaches to sanction classification improve the effectiveness of legal responsibility and transparency in legal processes, especially in criminal and administrative cases. Additionally, the article analyzes Ukrainian publications on sanction classification approaches, providing insight into the current state of Ukrainian scholarly thought on the topic.
Author: D. E. Hdeshynskyi
Institution: Security Service of Ukraine
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4404692228