Akulova N. Criminally-legal characteristic of encroachment on the life of a representative of a foreign state.

The dissertation is devoted to the study of the problems of the criminal-legal characterization of the attack on the life of a representative of a foreign state. Protecting the theoretical provisions concerning criminal liability for encroachment on the life of a representative of a foreign state. The objective and subjective features of this crime are investigated. From a new point of view, the author argues that the need to establish at the legislative level the provisions on victims of an encroachment on the life of a representative of a foreign state have a special, specific status, defined by their special power and regulatory powers in the field of interstate and international relations, which is secured by a system of special privileges and immunities regarding personal immunity and guarantees of their implementation, and this requires special international protection of the rights and freedoms of such persons. It clarifies and formulates the content of the concept of persons with special international protection in Articles 443, 444 of the Criminal Code of Ukraine, such persons are recognized by the head of a foreign state, the government, heads of diplomatic missions, consular offices and other official representatives of a foreign state, as well as heads and official representatives international and interstate organizations that are endowed with internationally recognized privileges and immunities in the performance of their official duties in international legal relations. The author formulates in a new way the meaning of the concept of provocation of the war (as the object of encroachment upon the life of a representative of a foreign state or another person having international protection) as the will of the perpetrator to initiate an armed conflict, military action (legally or actually initiated) between states (groups of states) the subjects of international law. Such provocation is the most dangerous form of provocation of international complications. The author claims that the subject of a crime envisaged by Article 443 of the Criminal Code of Ukraine is sometimes guided not only by his own motives, but also fulfilling an order of a certain organization whose employee he is or acts according to his special task. In this case, we can speak about the complicity of other participants in such an organization, which consists in actions aimed at preparing and implementing a socially dangerous act envisaged by Article 443 of the Criminal Code of Ukraine. Problematic issues of the ratio of encroachment on the life of a representative of a foreign state with related offenses of the Criminal Code of Ukraine are analyzed. It is proposed to amend the Criminal Code of Ukraine in order to improve it. In particular, a new version of the article on encroachment on the life of a representative of a foreign state in the Criminal Code of Ukraine was proposed.