Vladymyrenko S. Criminally-legal characteristic of threat or violence concerning the office person or the citizen which performs a public debt.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0415U006329

Applicant for

Specialization

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

08-12-2015

Specialized Academic Board

К 26.122.01

The Academy of Advocacy of Ukraine

Essay

The theoretical positions, concerning criminal responsibility for threat or violence concerning the office person or the citizen which performs a public debt are protected. Objective and subjective signs of this crime are researched. From the new point of view such sign suffered from a crime provided by clause 350 of Criminal Code of the Ukraine, as accomplishment of a public debt is formulated. Necessity of unification of terminology for the Criminal code of Ukraine affirms in corresponding clauses of Criminal Code of the Ukraine the term "near relations", in particular, is offered to replace with the term "relatives" as in clause 350 of Criminal Code of the Ukraine and author's interpretation of the term "relatives" is offered. It is specified and on the new the maintenance of concept of threat concerning the office person or the citizen which performs a public debt is formulated. Affirms that the basic and general signs of criminal influence on property of the office person or its relatives or concerning the citizen who performs a public debt are: loss by this property of valuable properties, restriction of its use to destination, restoration possibility. Problem questions of a ratio of threat or violence concerning the office person or the citizen which performs a public debt with adjacent crimes of the Criminal code of Ukraine are analyzed. Modification of the Criminal code of Ukraine for the purpose of its improvement Is offered. In particular, new edition of the clause about threat or violence concerning the office person or the citizen which performs a public debt in the Criminal code of Ukraine and others criminally-rule of law is offered.

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