Mihailov V. Criminal Liability for Contaminating with Human Immunodeficiency Virus or Other Incurable Disease: Social Conditions and Corpus Delicti.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0411U003606

Applicant for

Specialization

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

26-04-2011

Specialized Academic Board

Д 64.086.01

Yaroslav Mudryi National law university

Essay

This looks at the problems of criminal liability for contaminating with human immunodeficiency virus or other incurable disease that endangers human health (art. 130 of the Criminal Code of Ukraine). He author establishes social, historic, legislative and criminological factors for the establishment and further maintaining of the criminal liability for this crime, he analyses the content of both objective and subjective crime features as well as circumstances that aggravate criminal liability. It is proved that current wording of art. 130 of the Criminal Code of Ukraine does not fully adhere to the modern theoretic vision of the legal reglamentation of liability for contaminating with human immunodeficiency virus or other incurable disease that endangers the human health. It cannot be effectively used by the law enforcement to counteract this phenomenon. The author supplemented and clarified both objective crime features and circumstances that aggravate criminal liability. Based on the undertaken research the dissertation offers a number of theoretic findings and suggestions as to the improvements to art. 130 of the Criminal Code.

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