Diorditsa I. Criminal legal liability for actions aimed at violent change or overthrow of constitutional system or at the seizure of state power.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0409U000875

Applicant for

Specialization

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

11-02-2009

Specialized Academic Board

К 26.122.01

The Academy of Advocacy of Ukraine

Essay

The thesis is devoted to the problem of criminal legal liability for actions aimed at violent change or overthrow of constitutional system or at the seizure of state power. The theoretical principles related to the criminal legal liability for actions aimed at violent change or overthrow of constitutional system or at the seizure of state power are submitted for defense. The objective and subjective signs of this crime are investigated. The generalized criminal law view of constitutional system and state power is proposed. On the basis of theoretical and practical investigation the author determines the defects of acting rule on encroachment on constitutional system and state power. The conclusion on possibility of non-violent encroachment on constitutional system or attainment of state power in Ukraine is made and the criminalization of actions aimed at illegal change of constitutional system or attainment of state power in Ukraine is suggested. It is grounded that the direct object of this crime is the constitutional security of Ukraine. The correlation between actions investigated herein and related crimes from the Special Part of the Criminal Code of Ukraine is analyzed. It is proposed to amend the Criminal Code of Ukraine in order to improve it.

Files

Similar theses