Sergeeva T. Category of consequences of a crime in the criminal law of Ukraine.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0416U001358

Applicant for

Specialization

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

16-02-2016

Specialized Academic Board

К 26.122.01

The Academy of Advocacy of Ukraine

Essay

Dissertation is devoted to comprehensive scientific research of the effects of category to define the essence of crime in the criminal law of Ukraine. The result of research determined necessary of further scientific development related to: formulating concepts of consequences of the crime categories to establish its legal nature; determine the theoretical aspects of the classification of the penal consequence; use of evaluative concepts in determining the consequences of a crime; to identify legislative implications dispositions structure regulations of the Special Part of the Criminal Code of Ukraine; setting meaningful consequences characteristics in the compositions of the offense; research of a crime features of consequences in the complicated structure of crimes and identify the content of the consequences of crime as qualifying features. Attention is drawn to that category consequences of a crime is a unified concept in the framework of criminal law doctrine, which will determine the nature and content of the legal consequences of a crime. Determined that, the consequences of the crime - it is negative, socially dangerous changes in the object of criminal law protection or creation of a real threat of such changes that occur as a result of a criminal act (action or inaction) and are in a causal relation to that act. Substantiated that for a single, unified understanding of the consequences of a crime categories, a common legal structure of consequences in the Special Part of dispositional regulations existing Criminal Code of Ukraine should be complemented by separate explanatory standards, which would uniformly outlining the concept and essence of consequences crime and their varieties. Such regulations can be placed in the General Part of the Criminal Code - Section III "Crime, its types and stages." In addition, the regulations of the Special Part of the Criminal Code of Ukraine, in the description of evidence of a particular crime, in dispositions should be recorded only general descriptions of the possible consequences. Based on an analytical exploration the existing provisions of criminal law theory the author presents specific proposals to improve the existing criminal legislation of Ukraine in the formulation of the notion of category consequences of a crime and the establishment of its legal nature.

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