Semeniuk O. Criminal Legal Characteristic of Legislation on Referendum Violation

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0409U003302

Applicant for

Specialization

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

18-06-2009

Specialized Academic Board

Д 26.007.03

National Academy of Internal Affairs

Essay

Dissertation for obtaining the scientific degree of Candidate of Legal Sciences in the speciality 12.00.08 - Criminal Law and Criminology; Criminal Executive Law. - Kyiv National University of Internal Affairs. Kyiv, 2009. The dissertation is a complex scientific monographic research of issue of criminal legal protection of the law of the citizens of Ukraine to participate in the referendum. In the work it is investigated a genesis of the criminal legislation in the part of protection of right to participate in a referendum. It was made a comparative legal analysis of criminal legislation of Ukraine and the legislation of foreign countries on responsibility for violation of the citizens' right to participate in the referendum. It was concretized a generic object of the crimes investigated, it was determined the content of objective and subjective elements of the legislation on referendum violation and it was proposed the list of changes to their characteristics. It was substantiated the expediency of criminalization of distribution of wittingly false data on candidate, political party (bloc) during holding elections or referendum, and also there were submitted other proposals regarding improvement of disposition of norms, in which the responsibility for legislation on the referendum violation is foreseen. It was proved by the research the necessity of exclusion from the Criminal Code of Ukraine of Article 160, because the criminal legal prohibition indicated in it are included to Art. 157, 158, 159 of the Criminal Code of Ukraine.

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