Senko N. Criminal responsibility for an unathorized abandonment of army unit or duty station

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0405U003676

Applicant for

Specialization

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

27-09-2005

Specialized Academic Board

Д 26.236.02

Institute of State and Law. V.M. Koretsky National Academy of Sciences of Ukraine

Essay

The thesis is devoted to the problems of criminal responsibility for an unathorized abandonment of army unit or duty station. The thesis analyses the historical development of the legislation on criminal responsibility for an unathorized abandonment of army unit or duty station in Ukraine and also the criminal responsibility for the crime according to the legislation of foreign countries. We investigate objective and subjective indications of the crime. Direct object of an unathorized abandonment of army unit or duty station is determined anew. We propound a new designation of article 407 of the Criminal Code of Ukraine. We give the complete list of indications of the subject of the investigated crime and its characteristics. We determine the form and content of guilt with which the crime can be committed and characterise its motive and aim. Except of detailed analysis of juridical indications of corpus delicti of an unathorized abandonment of army unit or duty station we also investigate the peculiarities of the application of punishment for committing a crime, analyse the investigative and judicial practice and consider the moot points that appear in the theory of criminal law and in practice of the application of lagislation on crime stipulated by article 407 of the Criminal Code of Ukraine. We formulated the propositions as to the further development of the present criminal lagislation on the responsibility for an unathorized abandonment of army unit or duty station and also those as to the interpretations of the Supreme Court of Ukraine.

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