Kovaleva T. The validity of the criminal law in space: theoretical and applied research.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0418U003420

Applicant for

Specialization

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

26-10-2018

Specialized Academic Board

К 26.889.02

National Academy of Management

Essay

The validity of the criminal law in space: theoretical and applied research. − Qualifying scientific work on the rights of manuscripts. Thesis for a Candidate Degree in Law, specialty 12.00.08 − Criminal Law and Criminology; Criminal Execution (081 - Law). − Higher Educational Institution «National Academy of Management». − Kyiv, 2018. Thesis is a comprehensive, comprehensive and systematic development of such a problem of criminal law, as the validity of a criminal law in space: theoretical and applied research. As a result of the scientific analysis of the theoretical state of the problem, its legislative regulation and the practice of applying the current legislation, important legal proposals have been provided, new provisions and conclusions have been formulated. The study found the origins and genesis of the law on criminal liability in the space and the current state of this problem. In the dissertation the concept of the law on criminal liability in the space according to the Ukrainian legislation and law is proposed and the significance of this definition is grounded for understanding the boundaries of the legislation concerning the investigated sphere and the comparative study of the declared problem. The author examines the territorial validity of the law of Ukraine on criminal liability in the space; considerable attention is paid to the concept of criminal law jurisdiction; the problematic issues of the territorial principle of the law on criminal liability in the space have been clarified; The lion's share of work relates to the sovereignty of the state. The thesis deals with the views of the authors regarding the territorial validity of the law on criminal liability in space, the author's vision of this problem is formulated. The definition of territorial jurisdiction, which is based on the territorial principle, which is considered fundamental in doctrine and practice, is proposed. The author focuses heavily on understanding the territory of Ukraine, its components. The dissertation deals with the issues of persons who committed crimes in the territory of Ukraine and their responsibilities; much of the work relates to the place of committing crimes on the territory of Ukraine and the understanding of the commission of these crimes on the territory of Ukraine, etc. The paper analyzes the provisions relating to the extraterritoriality of the law on criminal liability in the space. It is argued that extraterritorial jurisdiction is based on the principle of citizenship (personal, personal), protected (real) and universal principles. The author's judgment concerning the extraterritorial principle and the similar jurisdiction is explored, the definition of the cosmopolitan and the real principle is proposed, and, accordingly, responsibility for these principles in space. The researcher finds out the international legal regulation of the law on criminal liability in space and argues its essence. The author pays considerable attention to the comparative legal description of the validity of the Law of Ukraine on criminal liability in a space with similar laws of some states and proposes a new version of the article. 6, 7 and 8 of the Criminal Code of Ukraine.

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