Armanov M. Criminal Responsibility for the Compulsion to Execution or Non-Execution of Civil Liability

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0409U003726

Applicant for

Specialization

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

23-09-2009

Specialized Academic Board

К 26.730.01

Essay

The peculiarities of criminal responsibility of criminal responsibility for the compulsion to execution or non-execution of civil liability are studied in this thesis. The history of counteraction to this act is elucidated, the point of compulsion in the criminality structure in Ukraine is determined, the social conditionality of criminalization is researched, the objective, subjective and qualificatory features of components of this crime are analyzed. The forms of criminal responsibility for committing this crime by way of punishment are studied. As a result of researching the criminal responsibility for the compulsion to execution or non-execution of civil liability we conclude that the current version of Article 355 of Criminal Code of Ukraine does not correspond to the actual requirements and cannot be effective toolbox in the hands of law machinery for the counteraction to compulsion. Both objective and subjective as well as qualificatory features of components of crime require amendments and more precise definitions. Besides, the sanction of Article 355 of Criminal Code of Ukraine requires some improvement in an effort to regulate the realization of criminal responsibility for committing this crime. On the basis of the conducted research a number of theoretical conclusions is formulated and some suggestions on the improvement of regulation of criminal responsibility for the compulsion to execution or non-execution of civil liability are submitted.

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