Sergiievskyi S. Criminal liability for treason

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0422U100015

Applicant for

Specialization

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

29-12-2021

Specialized Academic Board

К 64.502.01

Research Institute for the Study of Crime Problems named by Academician V.V.. Stashis of the National Academy of Legal Sciences of Ukraine

Essay

The thesis is devoted to the legal characteristic of criminal liability for treason (Art. 111 of the Criminal Code of Ukraine). The dissertation on the basis of the genesis of criminal liability for treason identified as a significant impact on the institution of criminal liability for treason of the political regime and geopolitical context. The bases of criminalization of this act and social conditionality of existence of Art. 111 of the Criminal Code are researched. The ways of actualization of the norm on criminal liability for treason against modern threats to national security are determined. The characteristics of objective and subjective signs of treason are described. The expediency of differentiating criminal liability for treason according to the forms of its commission and the subject has been established. It is proposed to reduce the amount of the main punishment for treason committed without qualifying features, to replace the confiscation of property as an additional punishment with a fine. It is proposed to apply security measures to those guilty of treason in the form of deprivation of civil rights – suffrage. The expediency of expanding the conditions for exemption from criminal liability for treason has been determined. In the context of the process of de-occupation and reintegration of the temporarily occupied territories of Ukraine, the prospects and conditions of a possible amnesty for persons subject to criminal liability for high treason, as well as those involved in collaboration activities, are considered. As a result of the research, theoretical conclusions and proposals for improving the criminal law regulation of liability for treason were formulated.

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