Soboleva O. Criminal Liability for Illegal Actions with Property Which Is Under Arrest, Foreclosed Property, and Property Which Has Been Inventoried or Is To Be Forfeited.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0412U005295

Applicant for

Specialization

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

07-06-2012

Specialized Academic Board

К 26.122.01

The Academy of Advocacy of Ukraine

Essay

The thesis is devoted to the decision of problems of criminal responsibility for illegal actions with property which is under arrest, foreclosed property, and property which has been inventoried or is to be forfeited (Article 388 of the Criminal Code of Ukraine). The author has found out the social and legal origins and genesis of criminal responsibility for illegal actions with property which is under arrest, foreclosed property, and property which has been inventoried or is to be forfeited. Сorpus delicti and penalties under Article 388 paragraphs 1 and 2 of the Criminal Code of Ukraine have been analyzed. Criteria for distinguishing between this crime and related crimes have been proposed. Based on the research, the author has detected the current legislative shortcomings and has offered to displace the Criminal Code of Ukraine. In particular, she has offered her own version of Article 388 of the Criminal Code of Ukraine and the amendments to the Article 57 of Law of Ukraine "On Enforcement Proceedings".

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