Yatsinina M. Abuse of power, official position or authority under the Criminal Code of Ukraine (Articles 364, 364-1, 365-2)

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U101185

Applicant for

Specialization

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

14-04-2021

Specialized Academic Board

Д 26.236.02

Institute of State and Law. V.M. Koretsky National Academy of Sciences of Ukraine

Essay

In the first section was carried out the analyses regarding the state of the investigation of criminal responsibility for abuse of power, official position or authority in criminal law Ukraine, the history of regulating criminal responsibility for abuse of power, official position or authority in criminal law Ukraine, criminal responsibility for abuse of power, official position or authority in criminal law of foreign countries and the abuse of law as a generic intersectoral concept was investigated. It was found out that on the territory of modern Ukraine the concept of "abuse" started to be used in legislative acts that provided for criminal liability from the beginning of the XIX century, then the first rules appeared, which provided for liability for abuse of rights by officials. The so-called "general stores" of official criminal offenses, criminal law, which concerned abuse of law, committed by officials, moving in the direction from casuistic to more abstract were formed in the XX century, one can trace continuity in legislative acts, because at that time were formed the signs of abuse, which passed from one code to another one, in particular the commission of abuse against the interests of the service, legislative techniques was in the process of improvement.

Files

Similar theses