Fris I. Friss I. Criminal legal protection providing of notarial activities in Ukraine.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0415U000506

Applicant for

Specialization

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

03-03-2015

Specialized Academic Board

Д 26.236.02

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

Essay

The dissertation is the first in Ukraine complex research on issues of criminal law provision of Notaries' Institute activity .Based on methodology of modern researches in area of criminal right the analysis of social relations was made, which arise in the field of notarial activity, as the object of criminal-law protection. In this scientific work is defined social danger of actions, which encroach upon the specified object, types of encroachments are established, detailed analysis of objective and subjective signs of crime structures was held, provided by paragraph 365-2 " Overuse of authority by persons who provide public services" and paragraph 368-4 " Bribery of a person who provides public services ". From positions of penal policy the legal and criminological, the socio economic, socio psychological basis of criminalization of encroachments on notarial activities were analysed. Based on the results of the research are formulated and justified proposals to improve certain provisions of criminal law science, and valid Criminal Code of Ukraine by adding Articles that provide criminal liability for abusing of authority by people who provide public services, for disclosure of Notary secrecy, for compulsion of participant of notary act to commit a notary act, threat or violence against a notary or notary assistant, for intentional destruction of Notary's or a notary assistant's property , attempt on the Notary's or his assistant's life and also concerning the introduction of changes and additions to the current Criminal Code of Ukraine in the part of criminal law providing of protection to notarial activity. According to this legal analysis on the relevant offenses has been made.

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