Runov V. Criminal legal protection of persons from unlawful coercion.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0413U006549

Applicant for

Specialization

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

22-10-2013

Specialized Academic Board

Д 26.236.02

Institute of State and Law. V.M. Koretsky National Academy of Sciences of Ukraine

Essay

Thesis is an independent completed scientific work, one of the first in Ukrainian law science complex researches of the сriminal law protection of a person from unlawful coercion. It is considered a coercion as a circumstance precluding criminality and coercion as a criminal offense. This study has allowed to make a scientific justify and suggest ways to improve the Criminal Code of Ukraine regarding the regulation of the analyzed circumstances that preclude criminality. The author proves the existence of inappropriate legal separation of physical and mental coercion and necessity for determination the criteria of equality of coercion in Art. 40 Criminal Code of Ukraine. On the basis of coercion in General Part of the Criminal Code Ukraine proposed to avoid the simultaneous use of the terms "coercion" and "threat" as an alternative, since the first of them completely covers the second. It is argues the need for addition of Criminal Code of Ukraine with the general rule that would provide compelling responsibility of coercion to take actions or failure of their execution. Comprehensive analysis of the articles of the Criminal Code of Ukraine, which establish liability for various types of coercion allowed to establish systematic approach in determining compelling ways.

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