Thesis is for Candidate Degree in Law (Doctor of Philosophy) in the field 12.00.08 – Criminal Law and Criminology; Criminal Executive Law (081 - Law). – Donetsk Law Institute Ministry of Internal Affairs, Mariupol, 2021.
The dissertation provides a theoretical generalization and a new solution to the scientific problem, which is to improve the theoretical provisions of criminal law in terms of understanding coercion (coercion) as a cross-cutting criminal law concept and on this basis to develop proposals to the Criminal Code of Ukraine and practice its application.
In particular, the definition of coercion (coercion) is proposed for the first time - it is an intentional, illegal physical and (or) mental influence on the will of the victim, aimed at performing or not performing specific actions against his will for the benefit of the coercer or others;
It is substantiated that the key element in the criminal-legal structure of coercion is the purposeful, illegal influence on the freedom of will of the victim, which is characterized by its restriction, not exclusion. When the freedom of will is restricted, the possibility of committing a voluntary act by the victim remains;
It is proposed to consider violence as the only way to commit coercion, which meets three conditions: 1) violence should not be an element of motivation or an end in itself of a criminal offense; 2) the violence must be obvious to the victim and fully understood by him; 3) violence must be accompanied by a criminally illegal claim;
Improved the conclusion that coercion and violence differ in the following criteria: 1) the mechanism of influence on the will of the victim; 2) by target orientation; 3) according to the specifics of the method of influencing the victim and the proposal to supplement Section III "Criminal offenses against the will, honor and dignity of the person" of the Criminal Code of Ukraine with an independent article that would provide for the general composition of coercion.
The provisions that overcoming physical and mental coercion, as a universal objective-subjective feature, refers both to coercion and to the behavior of the victim have been further developed; the assertion that the notion of physical or mental coercion as a circumstance that excludes the criminal illegality of the act should be based on the absence of illegality of the damage caused to the victim.
Key words: will, freedom, law, law, composition of criminal offense, coercion, compulsion, violence, circumstances that exclude criminal illegal activity.
