Shnipko E. Legal criminal research of crime consisting in deliberately illegal detention, arrest, house arrest or custody (art. 371 of Criminal Code (CC)

Dissertation is dedicated to the formulation of scientifically grounded proposals for improvement of the relevant criminal enforcement provisions (art. 371 of CC of Ukraine), increase of criminal law efficiency in area of activities governed by applicable laws and consisting in implementation of such preventive measures as detention, arrest, house arrest or custody basing on the complex legal criminal research of crime stipulated in the art. 371 of CC of Ukraine. Proposals which are important for the science of criminal law, are provided, new provisions and conclusions are formed as a result of scientific analysis of theoretic state of the problem, its regulation by the laws and the practice of implementation of applicable laws. They were prepared due to the research of 278 sources, cross-overview of legal materials containing references to these or other provisions related to the crime of deliberately illegal detention, arrest or custody (art. 371 of CC of Ukraine), examination of 9 court sentences awarded in virtue of the art. 371 of CC, and 300 writs adopted in proceedings of this category. In process of research origin and history of criminal liability for the crime consisting in deliberately illegal detention, arrest, house arrest or custody were examined. Dissertation establishes methodological bases for formation of the author’s approach to determination of the concept of crime stipulated in art. 371 of CC of Ukraine. Researcher proposes the concept of this crime. Applicant investigated the essence of the following main factors of social legal conditionality of prohibition stipulated in the art. 371 of CC of Ukraine: 1) social criminological factor; 2) legal regulatory factor; 3) ethical factor; 4) cultural-historical; 5) the factor of international law. Researcher examined existing opinions on subsumer of the crimes against justice. Basing on this research, definition of subsumer of this crime is proposed. In addition, existing opinions on the direct object of crime consisting in deliberately illegal detention, arrest, house arrest or custody were analysed.