Melnyk R. Criminal and legal characteristic of knowingly illegal detention, bringing to police, arrest and custody (art. 371 of the Criminal Code of Ukraine).

The dissertation is the first research of aspects of criminal responsibility for knowingly illegal detention, bringing to police, arrest and custody inUkraine.The author defines the notions of detention,bringing to police, arrest and custody in criminal and legal aspect.The work reveals the content of genetic and immediate objects of crime,specified in the article371of the Crimina Codeof Ukraine,shows the peculiarities of objective and subjective aspects of knowingly illegal detention,bringing to police,arrest and custody,defines the circle of subjects of these crimes and investigates their qualificatory characteristics.The problems of criminal and legal qualification of the crimes mentioned above and the problems of their distinguishing from corpus delicti and disciplinary cases are examined in the study.It formulates practical recommendations,aimed to the improvement of criminal procedure of limitation of the right of the person to freedom and personal immunity as well as to optimize the purview of criminal law.In particular it offers the suggestions concerning the renewal of version of art.371of the Criminal CodeofUkraine as well as the introduction of the new article371-1,which would establish criminal responsibility for issuing of knowingly illegal decision on detention, arrest and custody of a person, made by investigating judge.