The dissertation improves the theoretical provisions of criminal law in terms of criminal law characteristics of banditry and on this basis developed proposals to the Criminal Code of Ukraine.
In the dissertation the complex scientific task consisting in definition of the criminal-legal characteristic of elements and signs of structure of the crime provided by Art. 394 of the Criminal Code of Ukraine, and clarifying the social unconditionality of criminal liability for fleeing from a specialized medical institution.
In particular, according to the results of the study of criminal liability for fleeing from a specialized medical institution, the expediency of decriminalization of Art. 394 of the Criminal Code of Ukraine.
It is established that criminal liability for fleeing from a place of exile or from medical-labor or educational-labor prophylaxis, as well as on the way to exile or prophylactics, was first reflected in the Criminal Code of the USSR in 1960 only after amendments of November 16, 1982 - punishment was provided in the form of imprisonment for up to one year, mainly for malicious drunkards (persons suffering from alcoholism), in order to ensure their compulsory treatment and re-education;
A study of foreign experience in the legal regulation of liability for fleeing from a specialized medical institution, as a result of which it was found that criminal liability for fleeing from a specialized medical institution is not typical even for post-Soviet countries;
The provision of the doctrine of criminal law on the expediency of excluding from the criminal law the rudiments of the Soviet legal heritage - the existence of Art. 394 of the Criminal Code of Ukraine testifies rather to a tribute to the Soviet traditions of criminal law, as placement in a psychiatric institution was a way to combat dissent and try to ensure the "fight against alcoholism" at the end of the Soviet Union.
The provision on the redundancy of criminal law protection of public relations in the field of justice as a generic object of criminal offenses against justice was further developed, as the direct object of Art. 394 of the Criminal Code of Ukraine is public relations in the field of ensuring the normal operation of specialized medical institutions.
The study of objective and subjective signs of escape from a specialized medical institution, we can say that the direct object of Art. 394 of the Criminal Code of Ukraine, there are public relations in the field of ensuring the normal operation of specialized medical institutions.
The study of the objective side of the escape from a specialized medical facility allowed us to conclude that the criminal offense provided for in Art. 394 of the Criminal Code of Ukraine can be committed only in the form of action, and consists in fleeing from a specialized medical institution, or on the way to it.
A criminal offense is considered to be over from the moment when a person, without a permit, has left a specialized medical institution or fled on the way to it, as a result of which he has the opportunity to dispose of himself freely. Escape from a specialized medical institution is an ongoing crime and lasts until a person is detained or returned voluntarily.
The subject of escape from a specialized medical institution is a physically sane or limitedly sane person in respect of whom the court has decided to apply coercive measures of a medical nature (only with placement in a specialized medical institution), who at the time of the crime reached 16 years age.
Escape from a specialized medical institution is a criminal offense that is committed only with direct intent, because the person committing the escape must be aware of the socially dangerous nature of their actions, anticipate socially dangerous consequences and want them to occur. The purpose of escaping from a specialized medical institution, or on the way to it, is to freely dispose of oneself at one's own discretion. However, the "purpose" for the qualification of escape from a specialized medical institution does not matter, because it is not provided by the legislator in the disposition of the criminal law, as a mandatory feature of a criminal offense.
The directions of improvement of criminal-legal protection of justice are outlined, namely it is offered:
- Art. 394 of the Criminal Code of Ukraine "Escape from a specialized medical institution" to exclude.
