Dyachuk S. Legal nature of order execulation; criminal-legal valuation of person's who made an unlawual order or executed an unlawual order.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0400U000944

Applicant for

Specialization

  • 12.00.08 - Кримінальне право та кримінологія; кримінально-виконавче право

03-04-2000

Specialized Academic Board

Д 26.001.05

Taras Shevchenko National University of Kyiv

Essay

It is defined in Ph.D. thesis the place of fulfillment the bending order among the circumstances which exclude the criminal actions. The conditions of legality of infliction of value protected by criminal law in according to order execution, limits of obedience to the obtained order in different kinds of civil activity are investigated in these. The terms: "order", "unlawful order", "legal order", "criminal order", "obvious criminal order" are clarified. On the grounds of investigations made in the field of separation of proper behavior and criminal behavior person damaging the value, which id protected by criminal law by order execution Author proposes to add legal rule "Binding order execution" into the General part of Criminal Code of Ukraine. The general criterions of criminal-legal valuation of person actions who made an unlawful order or executed an unlawful order are defined in these theses on the grounds of possible variants of mental attitude of such people to the kind of order demands, to th e actions made by those orders and to the results

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