Zenova M. The concept, types and the significance of person's consent (or request) to cause harm to the interests, protected by the law (Comparative Criminal Law Legal Research).

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0415U003945

Applicant for

Specialization

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

30-06-2015

Specialized Academic Board

Д 26.001.05

Taras Shevchenko National University of Kyiv

Essay

The thesis is devoted to the problem of scientific and theoretical explanation of person's consent (or request) and developing a system approach to the criminal legal characteristic of person's consent (or request) to cause harm to the interests, protected by the law. First in Ukraine, a complex comparative legal research, based on the experience of certain foreign countries, was used to solve this problem. The thesis outlines essential characteristics of person's consent (or request) as a legally significant act, the combination of which into a unified whole allows to define the concept of person's consent (or request). The classification of consent (or request) to cause harm to the interests, protected by the law, according to various criteria is given. It is demonstrated that person's consent (or request) to cause harm to the interests, protected by the law, can be a circumstance precluding criminal wrongfulness of an act. Moreover, the main characteristics of person's consent (or request) as a circumstance precluding criminal wrongfulness of an act are formulated. It has been proved that person's consent (or request) can influence criminal qualification, appearing to be a characteristic of an act as an element of the crime. In addition, it has been singled out and characterized rules of the qualification in cases when person's consent (or request) to cause harm to the interests, protected by the law, combines with other factual circumstances. Based on the research, some improvements and supplements to the Criminal Code of Ukraine, concerning person's consent (or request), are proposed.

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