Klymosyuk A. Criminal liability for diversion.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U000370

Applicant for

Specialization

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

24-01-2019

Specialized Academic Board

Д 64.086.01

Yaroslav Mudryi National law university

Essay

There are such issues that are comprehensively studied in the dissertation as elements of diversion, the content of its legal features, the features of its legislative structure, forms of committing diversion; criteria that determine the nature and extent of social danger of diversion in its various forms; legislative assessment of the social danger of diversion and the need for differentiation of criminal responsibility depending on the forms of diversion; system connections of art. 113 of the Criminal Code «Diversion» with other articles of the Criminal Code; the ratio of diversion to a terrorist act and other related crimes; the practice of applying art. 113 of the Criminal Code; problems of qualification of diversion; improvement of criminal liability for diversion by an act to amend the Criminal Code. The author proposes a comprehensive solution to the problem of improving the criminal liability for diversion, in particular: the text has been developed and the necessity of inclusion to the Criminal Code of Ukraine a new art. 113-1 «Anthropocide» for the protection of the life and health of many people as separate objects of national security with the possibility of sentencing in the form of life imprisonment; a new draft of art. 113 Criminal Code «Diversion».

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