Fedytnyk V. Criminal and Legal Characteristics of Complex Mens Rea

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0422U100097

Applicant for

Specialization

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

27-12-2021

Specialized Academic Board

Д 64.700.03

Kharkiv National University of Internal Affairs

Essay

The dissertation is the first research analyzing and generalizing theoretical, applied and normative problems of complex mens rea with the use of modern methods of cognition, taking into account the latest advances in science. As a result the author has formulated a number of new provisions, conclusions and propositions that can serve further development of criminal law and the formation of criminal law policy of the state. The genesis of the concept of mens rea and its forms in the criminal law of Ukraine has been revealed. The state of modern regulation of mens rea and its forms in the criminal legislation of Ukraine has been clarified. The author has defined specific features of mens rea regulation and its forms in the criminal legislation of foreign countries. Analysis of scientific approaches to defining the concept of complex mens rea in the criminal law doctrine has been carried out. The author has provided the definition of complex mens rea on the basis of the current Criminal Code of Ukraine. Criminal and legal consequences of committing criminal offenses with complex mens rea have been highlighted. Stages of criminal illegal activity in criminal offenses with complex mens rea have been determined. The author has characterized specific features of criminal liability for implication in criminal offenses with complex mens rea. The author has offered a number of suggestions and recommendations that are important for legal science and further improvement of the criminal legislation of Ukraine.

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