Abakina-Pilyavska L. The implication to the crime under Criminal Law of Ukraine.

The dissertation is one of the first in Ukraine complex research of the institute of implication to the crime in the criminal law of Ukraine. Based on the methodology of the modem theory of criminal law the following was investigated: the definition of implication to the crime, types of conduct implicated to the crime, criminal and legal characteristics of each proposed species; also the demarcation criteria which differentiates implication to the crime and complicity in the crime was defined. The genesis of regulatory consolidation of implication to the crime, foreign experience in regulating the implication to the crime and the criminalization of acts of international standards that have elements of implication to the crime were investigated. There was proposed a differentiated approach to the application of penal exposure for such actions: the implication to the minor offense does not constitute a public danger; implication to the misdemeanour is a criminal offense; crime is defined as implication to serious, especially serious crimes (except for failure to report a serious or especially serious crime, which is a criminal offense). There was proposed to fix the institute of implication to the crime and to complement the general part of the Criminal Code of Ukraine with new Section VІ-І «Implication to the crime», which provide for regulations on the grounds of criminal responsibility for implication by defining generic concepts and types of implication, and regulations on the grounds excluding criminal responsibility for implication to the committing a wrongful act, the persons who cannot be prosecuted for their implication to the crime, and to amend Article 68 of the Criminal Code of Ukraine with new parts on the amount of the penalty for implication to the crime, depending on the severity of the main (previous) crime.