Moroz A. Criminal-Legal Research of a Crime of the Interference in Defense Attorney or Legal Agent Activity (under Art. 397 of the Criminal Code of Ukraine).

Moroz A. O. Criminal-Legal Research of a Crime of the Interference in Defense Attorney or Legal Agent Activity (under Art. 397 of the Criminal Code of Ukraine). – Qualification research paper as a manuscript Dissertation for obtaining a Ph.D. scientific degree of Juridical Sciences according to the specialty 12.00.08 – criminal law and criminology; criminal-executory law (081 – Law). – Higher educational institution «National Academy of Management». Ministry of education and science of Ukraine. – Kyiv, 2017. The dissertation is a comprehensive and systematic scientific source of the criminal research of a crime of the interference into defense attorney or legal agent activity (under Art. 397 of the Criminal Code of Ukraine). As a result of the scientific research of the theoretical state of the issue, its legal governance and the practice of implementation of the current legislation, the author gave significant propositions for the legal science; new definitions and conclusions have been formulated. During the study, the beginnings and the history of the criminal liability for the interference in defense attorney or legal agent activity are determined as well as the current state of this problem. The definition of the interference into defense attorney or legal agent activity is proposed in research. The consent of the following paramount factors of the socio-legal conditionality of this prohibition are determined: social-criminological; normative-legal; ethical; cultural-historical, that convince in the necessity of preservation of this rule in the current legislation and determine the further direction of its improvement. Generic and direct objects of a crime of the interference in defense attorney or legal agent activity are determined. Taking into account modern achievements of native and foreign criminal law science the following aspects has been analyzed: obligatory elements of the objective side of the interference in defense attorney or legal agent activity crime; found out the types of persons who can be subjects (perpetrators) of this crime; researched the characters of the subject of action under Art. 397 of the Criminal Code of Ukraine; the characters that describe the subjective side of a crime of the interference in defense attorney or legal agent activity have been analyzed; possible forms and types of guilt have been specified; comprehensive analyzes of the current legislation considering uncovering significant characters of separate crimes in the Art. 397 of the Criminal Code of Ukraine with blanket dispositions are completed (which is significant for qualification according to the mentioned article as well as for its improvement). Qualification features of a crime of the interference in defense attorney or legal agent activity are researched (part 2 Art. 397 of the Criminal Code of Ukraine). The separation of the crime under Art. 397 of the Criminal Code of Ukraine has been done in the research from the adjacent crimes under Art. 398 (Threaten or violence against the defense attorney or legal agent) and Art. 399 (Intentional destruction or damage of the property of the defense attorney or legal agent) of the Criminal Code of Ukraine. A comparative-legal characteristic of a crime of the interference in defense attorney or legal agent activity under Art. 397 of the Criminal Code of Ukraine with similar crimes in the criminal law of some foreign countries is made. The propositions on the improvement of the definition of Art. 397 of the Criminal Code of Ukraine and its practice are formulated.