Semykin H. Criminal Responsibility for Forming a Terrorist Group or a Terrorist Organization.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0404U001138

Applicant for

Specialization

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

28-02-2004

Specialized Academic Board

К 64.700.03

Essay

The thesis is devoted to the complex research of the problem of responsibility for forming a terrorist group or a terrorist organization. It is established that these deeds are a kind of organized crime and terrorism. It is proved that only forming organized terrorist groups may be treated as separate criminalization. Separate criminalization of other groups does not meet international standards, contradicts the main provisions of the Ukrainian criminal legislation in force and considerably widens the purview of Part 4, Article 258 of the Criminal Code of Ukraine. It leads to the situation when the punishment for the deeds which are a kind of preparation for a crime is more severe than for a completed terrorist act and another crime of terrorist orientation. That is why it is proposed to make amendments in Part 4, Article 258 of the Criminal Code of Ukraine where directly to point out the criminalization of creating a terrorist group or a terrorist organization; organizational terrorist activity withina group of abettors or a group of people in preliminary collusion with being qualified on the basis of Part 3, Article 27 of the CC and corresponding articles of the General Part (Article 14 or Article15 of the CC if the act was not completed) and the Special Part of the CC of Ukraine. The thesis investigates objective and subjective features of forming a terrorist group or a terrorist organization.

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