Gusak O. Criminal legal characteristic for driving to suicide.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0414U003831

Applicant for

Specialization

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

02-07-2020

Specialized Academic Board

Д 41.086.03

National University «Odessa Law Academy»

Essay

The dissertation is devoted to research of problems of criminal responsibility for driving to suicide. The history of formation and development of the institution responsible for the suicide is analysed in this paper. Analysis of the evolution of legislation that addresses responsible for suicide and driving to suicide, based on archival, stock and literary sources of domestic and foreign scholars, catalogs, directories, in the historical aspect allowed conditionally distinguish five stages in the development of legislation on suicide and driving to suicide in Ukraine, is done . On the basis of historical experience, theoretical developments of domestic and foreign scholars defined the concept of blackmail, abuse, coercion to commit illegal acts. By “abuse” is proposed to understand the systematic, ongoing, relentless and rude actions of the guilty, whose purpose is to apply the victim of physical or mental suffering; “blackmail” - is intimidation of the victim caused him harm by the disclosure of both true and untrue confidential information that the latter wishes to keep secret, as well as the application of other harm with a view to put the victim in a dependent position , or create a different environment favorable to the perpetrator; “coercion to commit unlawful acts” - is guilty of intimidating the victim by inflicting physical harm to last, or threat of causing to coerce the victim to make it undesirable for action. It is proposed to replace the word “ illegal “ by “ undesirable for the victim.” since a person can actually bring to the suicide and by forcing it to actions that are not illegal, it may be undesirable for the victim , but legal actions, or it may be an abuse of rights, which is not an offense; “systematic humiliation of human dignity “ - a permanent long humiliating cynical attitude towards the victim which is expressed in unfair, abusive actions of the perpetrator ( mockery, harassment, slander, etc.); The theoretical positions, concerning criminal responsibility for driving to suicide are analyzed. Objective and subjective signs of this crime are researched. From the new point of view the circle of persons who are victims of a crime provided by clause 120 of the Criminal code of Ukraine is formulated. The conclusion about a formal construction of a the composition of driving to suicide is made. Redefined and re-formulated the content and features of terms which characterise the objective party of components of crime as socially dangerous act are formulated: cruel treatment, blackmail, compulsion to illegal actions, regular human disparagement. The conclusion becomes that the subjective party of crime specified in clause 120 of the Criminal code of Ukraine is characterised not only by deliberate form of fault. Problem questions of a ratio of driving to suicide with adjacent crimes of the criminal code of Ukraine are analyzed. Modification of the Criminal code of Ukraine for the purpose of its improvement is offered. In particular, necessity of entering for the researched clause of the qualified composition of crime which would provide criminal responsibility for fulfillment of the actions provided by the first part of this clause, made from mercenary motives, and also the subject of a crime regarding the second clause 120 of the Criminal code of Ukraine is proved, to consider the official who on criminal objective accomplishment uses the office position.

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