Gmyryn A. Criminal legal characteristic of a crime Illegal manufacture, storage, sale or transportation for the purpose of sale of excisable goods (Art. 204 of the Criminal Code of Ukraine)

The thesis on the nature and content of the issues studied is one of the first comprehensive and systematic research papers in Ukraine devoted to the criminal-legal characterization of the crime “illegal manufacture, storage, sale or transportation for the purpose of sale of excisable goods (art. 204 of the Criminal Code of Ukraine). The concrete contribution of the writer of the thesis to the scientific development of issues of the criminal-and-legal characteristics of the crime stipulated by Art. 204 of the Criminal Code is in justification of the proposals and recommendations containing elements of scientific newness and have the essential value for the science of the criminal right and practice of application of the norm studied. As a result of the scientific analysis of the theoretical state of the problem, its legislative regulation and the practice of application of the current legislation, the important proposals for the law of criminal law were given, and the new provisions and conclusions were formulated. In the course of the study it was found sources and history of criminal responsibility for the crime of the illegal manufacturing, storage, sale or transportation for the purpose of sale of excisable goods and the current state of the problem. The thesis proposes the concept of the crime of the illegal manufacturing, storage, sale or transportation for the purpose of sale of excisable goods. The content of the main factors of socio-legal conditionality of the prohibition, in particular, socio-criminological; normative and legal; ethical; cultural-historical, international-legal, which convince us of the necessity to preserve in criminal law the criminal responsibility for the illegal manufacture, storage, sale or transportation for the purpose of sale of excisable goods and the need for further improvement of this criminal law. The author identified the main and additional direct objects of the crime of illegal production, storage, sale or transportation for the purpose of the sale of excisable goods. Based on the study conducted, the definition of the objective side of the crime studied. Much attention is paid to the subject and the subjective side of this crime, as well as the concept of the subjective side of this act under part 1 and 3 of Art. 204 of the Criminal Code of Ukraine;