Demenko S. Extortion: criminal-legal and criminological analysis.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0406U000459

Applicant for

Specialization

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

07-02-2006

Specialized Academic Board

К 26.122.01

The Academy of Advocacy of Ukraine

Essay

The dissertation regards the number of questions connected with criminally-legal and criminological problems of extortion. The importance of prevention this dangerous crime is emphasized in this work. The person, who extortion is characterized, and the reasons and conditions of this crime are distinguished. The basic, the qualified and especially qualified structures of crimes are studied, which are stipulated by the Article 189 of Criminal Law of Ukraine. The recommendations on the perfections of the present criminal-legal system are given as arguments in this work. The problems of criminological characteristics of extortion are very significant in this research. On the basis of statistics data about registered extortions in Ukraine and the Zaporozhye area for the period since 1996 till 2004, and also data about condemned for these crimes in Ukraine and in the Zaporozhye area for 2001-2004, studying of 130 criminal cases of a considered category the estimation of volume and dynamics extortion, of theperson of the criminal-extortion, the reasons and conditions of these crimes, preventions of extortion is given. On the basis of the mentioned above the conclusion was made that extortion in Ukraine and in the Zaporozhye area has decreased recently, that is explained not by real decreasing of these crimes, but increasing of its latent part. For the person of the extortioner negative qualities are characteristic: in particular, high specific gravity of persons working nowhere, having a previous conviction for the profit-motivated crimes, abusing alcohol. The reasons and conditions of these crimes in the overwhelming majority are connected with the general reasons of criminality. However specific features in formation of the person of the criminal are also marked and also commenting concrete crimes. Condition of precautionary work in theme aspect are regarded critically, in this connection recommendations are presented.

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