Chufrin Y. Criminal liability for the creation of a criminal organization

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0420U101101

Applicant for

Specialization

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

06-08-2020

Specialized Academic Board

К 26.142.05

Interregional Academy of Personnel Management

Essay

The study of the system of norms that determine the grounds for criminal liability for the creation of criminal organizations and participation in them, as well as criminal law incentives for their members is conducted. The proposals aimed at improving the legislation and practice of its application are formulated. A retrospective analysis of the establishment of criminal liability of organizers and members of a criminal organization is conducted. The concept and classification of criminal-legal features of criminal associations are developed, their content is revealed and the directions of improvement of their legislative designation are formulated. The object and the objective side of the crime under the Art. 255 of the Criminal Code of Ukraine are characterized, the proposals concerning the improvement the objective features of this crime are given. The signs of the subject and the subjective side of the crime under the Art. 255 of the Criminal Code of Ukraine are examined, the proposals for its improvement are given. The criteria for distinguishing the composition of the crime "creation of a criminal organization" and the grounds for qualifying the act for a set of crimes are determined. A comparative legal study of the crime under the Art. 255 of the Criminal Code of Ukraine from similar crimes of some foreign states was conducted.

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