Nicolenko R. Criminal legal action against abuse of authority by persons providing public services.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U001237

Applicant for

Specialization

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

06-04-2020

Specialized Academic Board

Д 41.086.03

National University «Odessa Law Academy»

Essay

The dissertation is devoted to consideration of general problems of criminal policy of counteracting abuse of authority by persons providing public services, questions of effectiveness of application of Article 365-2 of the Criminal Code of Ukraine. The dissertation is one of the first in Ukraine special complex studies of theoretical and applied problems of criminal policy in relation to counteracting misuse of powers by persons providing public services. The thesis defines and describes the basic components of the criminal policy of counteracting abuse of authority by persons providing public services. The genesis of establishing an institute of criminal responsibility for crimes committed by persons providing public services in the criminal law of Ukraine and certain foreign countries is considered. Characterized the basic composition of the crime under Art. 365-2 of the Criminal Code of Ukraine. The social-role characteristics of the subject of a criminal offense, stipulated by Art. 365-2 of the Criminal Code of Ukraine as a constitutive element of the criminalization of this act, are done. The criminal-legal consequences of committing a criminal offense, stipulated by Art. 365-2 of the Criminal Code of Ukraine are analysed. The theoretical grounds and conditions for the effectiveness of criminal liability for abuse of authority by public service providers are considered.The theoretically substantiated proposals on the improvement of the current criminal legislation of Ukraine regarding abuse of authority by public service providers are formulated.

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