Demchyshyn D. Criminological characteristics and prevention of hooliganism in Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U103825

Applicant for

Specialization

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

23-09-2021

Specialized Academic Board

К 11.737.01

Donetsk Law Institute

Essay

The thesis is devoted to consideration the peculiarities of prevention of hooliganism in Ukraine. The author points out that the certain provisions of criminal law have been changed and supplemented due to the development of public relations. The changes of the Art. 296 of Criminal Code of Ukraine were caused by substantive need to strengthen criminal protection of public order, and systematic variations of criminal law to implement such legal categories as «criminal offense» and «criminal fault». Presently, according to the current Criminal Code of Ukraine hooliganism is regarded as a criminal offense that is divided into criminal fault (part 1, Art. 296 of Criminal Code of Ukraine), and crime (parts 2-4, Art. 296 of Criminal Code of Ukraine). The author points out the system of social circumstances, which prohibit hooliganism, according to criminal legislation of Ukraine. Among them, he defines the following types: historical (traditions or changes in social life); prognostic (preventing socially dangerous acts by means of criminal law), public utility and political adequacy of criminalization (positive and negative consequences of prohibition by criminal law); resources for criminal prosecution of persons who committed socially dangerous acts; technical and legal (systematic and legal consistency, clarity of speech, completeness and non-redundancy of prohibition by criminal law). In the study, the author argues that the criminal prohibition of hooliganism in the Art.296 of Criminal Code of Ukraine is not fully conditioned.

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