Tavlui O. Criminal legal description of illegal actions concerning adoption.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0414U003832

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 has studied the complex investigation of the criminal legal standard, which provides criminal liability for unlawful actions relating to the adoption. In this paper carried out the research of the genesis of adoption and other forms of family education; analyzed the system of normative legal acts adopted for regulation of social relations in the protection of orphans and children deprived of parental care. Special attention is paid to studying of certain international legal regulations on childhood protection (in the context of illegal adoption). In the scientific research, it is detailed the characteristics of a generic (species) and the direct object of unlawful acts relating to the adoption. It is shown the author’s definition of "mediation actions". The opportunity to consider "other illegal actions" on adoption and other forms of family education to the institute of future criminal offenses has been argued. It has been specified the criteria of differentiation of the crime under Article 169 of the Criminal Code of Ukraine with other crimes, provided in Articles 149, 358, 364, 366, 368, 369, 375 of the Criminal Code of Ukraine. It also implemented the demarcation of the crime investigated from the offense under Article 184 - 2 of the Code of Ukraine on Administrative Offences. The qualifying signs of illegal actions relating to the adoption have been investigated. It is suggested to add "lucrative impulse" and "organized group of people". The features of the adoption of Ukrainian children by foreigners in terms of protection of their rights with criminal - legal means have been studied. The suggestion for the improvement of standard, which provides criminal liability for unlawful actions relating to the adoption, has been developed."

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