Kyrbyatyev O. Criminal-law protection of professional activities of the law enforcement officers

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0521U101196

Applicant for

Specialization

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

10-05-2021

Specialized Academic Board

Д 17.127.07

Classic Private University

Essay

There is offered the author's definition of the concept of criminal legal protection in this dissertation. The criminal-law protection, that is formed in the aggregate (system) of criminal law, through the use of such methods of criminal-law policy as criminalization, decriminalization, penalization and differentiation, is proposed to admit as the results of implementation the legal goal of the country criminal-law policy at the legislative level, which aims to ensure the safety of public authorities from socially dangerous encroachments. The model of criminal-law protection is formed by determining the specific scope and limits of criminal-law prohibition through the use of general and special rules, standard structures for determining simple and qualified corpus delicti, the circle of victims, the subject, etc. The state of criminal-law protection of the authority and in particular the professional activities of law enforcement officers is determined by the effectiveness of criminal-law prohibitions, which indicators may be quantitative and qualitative indexes of certain type crime, problems with criminal-law assessment of socially dangerous acts due to criminal imperfections law, its shortcomings or gaps, analysis of the application of punishment and other measures of criminal law, their preventive potential, an indicator of which is the number of recidivism in this area, etc. The content of such protection is defined as protection against criminally unlawful encroachments on the rights and interests of law enforcement officers in the performance of their professional duties through the criminalization of socially dangerous encroachments and their penalization, and in establishing the fact of a criminal offense – the application of criminal law that consisting in the criminal-legal assessment of such acts and in the determination of criminal-legal measures that may be applied to them.

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