Pylypenko I. Criminal liability for arbitrariness

The dissertation is one of the first in Ukraine comprehensive scientific research of theoretical and practical problems of criminal responsibility for arbitrariness. Along with the coverage of modern problems of counter arbitrariness, historical experience of combating this phenomenon has been studied. The social preconditions of criminalization of arbitrariness are analyzed, which showed that at the moment the criminal liability for this act is substantiated. In addition, the experience of foreign states regarding the criminal legal counteraction to arbitrariness was studied, which eventually contributed to the development of own proposals for changes in the legislation of Ukraine. The criminal legal characteristic of arbitrariness has been fulfilled. The composition of arbitrariness is material, but does not contain criteria for determining property damage, which is not a problem only of its legislative definition in Art. 356 of the Criminal Code of Ukraine. This is inherent in some other norms. However, along with the existence of rules on administrative responsibility for arbitrariness, this creates significant problems of law enforcement. Also, a special purpose of arbitrariness is proposed – the realization by a person of his actual or supposed right or the right of another person. This will make the content of Article 356 of the Criminal Code of Ukraine more adapted to the needs of the practice and will allow to identify the difference between the composition of arbitrariness and a number of other elements of the crime. The forms of criminal responsibility for arbitrariness are considered. Along with the proposal to criminalize a number of arbitrariness actions with aggravating features, punishment for their commission is offered. The types and proportions of these punishments make it possible to apply other forms of criminal liability – conviction without punishment and conviction with release from serving a sentence.