Vapsva Y. The ignorance in the matter of corpus delicti subjective side

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0400U002146

Applicant for

Specialization

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

03-07-2000

Specialized Academic Board

К.64.700.03

Essay

The thesis researches the problem of ignorance's in criminal law. The social, Psychological and legal grounds and peculiarities in criminal responsibility approach are determined. The discrimination of the "ignorance" and "error" definitions is given. The historical aspect, development of the problem, modern condition of ignorance's studies in foreign legislation, mechanism of ignorance forming are analysed. The comparative characteristic of the premeditated and imprudental crimes has been made. The classification of the ignorance of law and ignorance of fact is examined. The thesis gives the conclusion about the amending the Criminal Code of norm, which established the general provisions of criminal responsibility in case of ignorance of law and ignorance of fact. The ways of interpretation of the different kinds of ignorance's in the Supreme Court of Ukraine plenary sessions enactment's are proposed. Key words: criminal law, ignorance, criminal responsibil-ity, malice direction, intention, ignorance of law, ignorance of fact.

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