Blynska S. Criminal and legal nature of institution of detention of the person who has committed a crime as the condition, which excludes delinquency

The mentioned Dissertation is a complex criminal and legal research of the problem of detention of the person who has committed a crime as the condition, which excludes delinquency and its value in practical activities of law-enforcement bodies. The thesis considers the concept of the circumstances that exclude the criminality of an act, their social and legal characteristics, analyses the legal essence of the acts leading to apprehending of a criminal, these acts are viewed as independent type of circumstances which exclude the criminality of an act; the thesis investigates the foundation and the specific characteristics of the criminal law norm concerning the culprit's arrest. It also analyses the relation between the culprit's arrest and the extreme necessity, the necessary defence; the research of the conditions of lawfulness of causing damage to the culprit during his arrest, of the concept and types of exceeding of the boundaries of such damage, classification of such cases is made; the author formulates corresponding suggestions as to the improvement of the legal basis and judicial opinion in Ukraine. The analysis is given of the current legislation under the social and legal characteristic of the bases and specific attributes of norm at detention of a criminal and conditions of legitimacy of drawing harm to a criminal during the detention. The complex criminal research calls attention to the shortcomings of use of the specified institution in practical activities and puts forward offers on their improvement.