Lupinosova O. Intentional murder at exceeding of limits of necessary defensive

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0407U003315

Applicant for

Specialization

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

03-07-2007

Specialized Academic Board

Д 41.0846.01

Essay

The dissertation is the first monographic research in Ukraine, specially devoted to analysis of problems of criminal law description of intentional murder with exceeding of limits of the necessary defense. In dissertation work one can see the legal analysis of structure of intentional murder with exceeding of limits of necessary defensive, demarcation the condition of necessary defensive from exceeding of its limits, and also intentional murder, committed with exceeding of limits of necessary defensive, from contiguous structures of crimes. On the basis of the formulated positions the new release of article 118 CCU is offered. Concrete suggestions are made on the improvement of criminal legislation in relation of the institute of necessary defensive, in particular reasons articles 36 and 263 CCU.

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