Gryschenko O. Criminal law characteristics of beatings and torture (Article 126 of the Criminal Code of Ukraine)

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0414U002250

Applicant for

Specialization

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

03-06-2014

Specialized Academic Board

К 64.502.01

Аcademician Stashis Scientific Research Institute for the Study of Crime Problems

Essay

The thesis is the first complex research in Ukraine of questions pertinent to criminal law characteristics of beatings and torture that covers the range of theoretical and practical nature related to the legal analysis of this crime. The historical and legal analysis of the regulation of criminal liability for the beating and torture is done. The features of responsibility for beatings and torture in criminal law of some foreign countries are found. The features of the object of the offense and the specific social danger of beatings and torture are examined. The analysis of the objective and subjective elements of the crime under Art. 126 of the Criminal Code of Ukraine is implemented. We found the place and role of each of the aggravating circumstances under Art. 126 of the Criminal Code of Ukraine. The correlation of beatings and torture to other crimes against public health and by separation from adjacent the crime are determined. The dissertation concludes with recommendations to improve the standards of national legislation on liability for beatings and torture (a new version of Art. 126 of the Criminal Code of Ukraine is formulated).

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