Andrusyak G. Necessary defense in infringement of sexual freedom and sexual integrity of a person.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0415U000999

Applicant for

Specialization

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

07-04-2015

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 work in modern jurisprudence of Ukraine concerning the comprehensive study of necessary defense in assault on sexual freedom and sexual integrity of a person. In the context of natural origin of the right to self-defense it is proved that self-defense is a strong-willed, conscious and approved by the state and society influence the person who determined positive social motives and goals, as well as natural (instinctive) human response. According to the natural law approach it is proved that the injury in self-defense is not the purpose of action of a person who is protected but it is the way of achieving the goal. The expediency of the law on liability for the deletion circumstances precluding criminality in the Criminal Code of Ukraine. On the basis of the analysis of scientific approaches, current legislation and practice, including the courts' trends of non-using the rules of self-defense in sexual assault or sexual integrity of freedom that resulted criminal prosecution of persons who have implemented their natural right to self-defense, the suggestions on improvement the criminal law are offered in the thesis.

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