Lopashchuk D. Murder-fo-hire: criminal characteristic

Lopashchuk D. I. “Murder-for-hire: criminal characteristic” - Qualification scientific work on the rights of manuscripts. Dissertation for a Candidate Degree in Law with the specialization 12.00.08 - Criminal Law and Criminology; Criminal Execution (081 - Law). Higher Education Institution "National Academy of Management". Ministry of Education and Science of Ukraine. Kyiv, 2018. The dissertation is a comprehensive, complex and systematic scientific study of the problems relating to criminal prohibition of a crime – murder-for-hire (Paragraph 11 Part 2 of Article 115 of the Criminal Code). The dissertation summarizes theoretically the results of the criminal characteristic of the crime – murder-for-hire, on the basis of which the scientific task is solved with regard to the development of theoretical frameworks, legal and practical recommendations for the improvement of the current legislation in terms of criminal liability for this crime, the important legal science proposals are provided, new provisions and conclusions are formulated. This research meets the requirements of scientific novelty and is important to science and further practical implementation. The study found the origins and history of the crime – murder-for-hire – and the current state of the problem. The concept of crime of murder-for-hire is offered in the dissertation; the content of the following main factors is explained: criminological, comparative legal (normative), social and economic (material), political and ideological, historical and international legal, which convince the necessity to preserve the specified norm in the current legislation and determine the further direction of its improvement; the direct object of the crime – murder-for-hire – is determined. Taking into account the modern achievements of domestic and foreign science of criminal law, the object and obligatory features of the objective aspect of this crime are analyzed; the circle of people who can be the subjects of the mentioned crime is clarified; the signs of the subject of an action, provided for in Clause 11 of Article 2 of Art. 115 of the Criminal Code of Ukraine are investigated, and the features, characterizing the subjective aspect of the crime of murder-for-hire, are analysed, in addition, possible forms and types of guilt are identified. A comprehensive analysis of the current legislation of Ukraine on this type of murders is carried out; the mechanism of differentiation of the murder-for-hire from other killings with the same signs is investigated; the comparative legal characteristic of the crime, provided for in Clause 11 of Part 2 of the Article 115 of the Criminal Code, with a similar criminal offense under the criminal law of certain foreign states is made; the proposals on improving the criminal law related to this crime and their application practice are formulated.