Komarov O. Mistake of fact in the criminal law of Ukraine and its significance for criminal liability.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0415U003735

Applicant for

Specialization

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

05-06-2015

Specialized Academic Board

Д 64.086.01

Yaroslav Mudryi National law university

Essay

The thesis is devoted to the complex research of the problems of mistake of fact in the criminal law. Special attention was paid to researching the history of the doctrine of the mistake of fact. The contemporary scientific approaches to the concept and content of the mistake of fact are analyzed. In addition, the multi-classification of mistake of fact and research of a significance of some of its varieties for the issues of the qualification of crimes was performed. Independent analysis of mistake of fact within the objective elements of the crime, the circumstances precluding criminality and the objective and subjective elements of the crimes committed in complicity was made. The significance of mistake of one co-participant for the qualifying of the acts of other co-participants was clarified. The meaning of mistake of fact for the sentencing was established. The author suggests the appropriate changes and additions to the provisions of the Criminal Code of Ukraine.

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