Mantulyak Y. The execution of the special task with regard to prevention or disclosure of criminal activity of an organized group or a criminal organization as the circumstance which excludes criminal nature of act.

The thesis concerns the description of the execution of the special task with regard to prevention or disclosure of criminal activity of an organized group or a criminal organization as one of circumstances which excludes criminal nature of act. The notion of the execution of the special task is determined as the circumstance which excludes criminal nature of act. The author determines the legal structure of a lawful act of the execution of the special task and the place of this lawful act in the system of circumstances which excludes criminal nature of act. The legal structure of a lawful act of execution of the special task determined as the system of elements (direct object, act, consequences, a causal relationship between them, time, conditions, the special subject, the mental attitude of the subject to made act as a whole and to its separate legally significant elements of objective character, motive and the purpose), described by the attributes necessary and sufficient for characteristic of theact, the harm connected to compelled causing is determined at execution of such task. The author has formulated the definition of exceeding limits of the compelled causing of harm at execution of the special task and when this harm will be illegitimate, that is the base of criminal responsibility. The necessity of addition Criminal Code of Ukraine was offered, which provide the responsibility for cause damage by exceeding limits of the compelled causing of harm at execution of the special task.