Aidynian A. Criminal law mistake of fact: basic theoretical and practical aspects.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0416U002543

Applicant for

Specialization

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

02-06-2016

Specialized Academic Board

Д 26.001.05

Taras Shevchenko National University of Kyiv

Essay

The thesis is a comprehensive study of theoretical, normative and practical aspects of mistake of fact. It has suggested a theoretical description of the mistake of fact, which includes a) review of philology, logic, philosophy, general law, and actual criminal law aspects; b) clarifying the relationship of the mistake of fact with some other criminal law phenomena; c) the systematization of mistake of fact in criminal law. Criminal law regulation of mistake of fact for some foreign states has been found. The main "model" of such regulation has been selected. The peculiarities and defects of legal regulation of mistake of fact in Ukrainian criminal law have been determined. The research proposed some improvements and amendments to the Criminal Code of Ukraine. The judicial practice on accounting for mistake of fact in criminal law qualification and in application of criminal law measures have been generalized. Some general guidelines needed to improve these practices have been proposed.

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