Reznik Y. Conspiracy in the criminal law of Ukraine.

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0821U100516

Applicant for

Specialization

  • 081 - Право. Право

17-03-2021

Specialized Academic Board

ДФ 26.236.008

Institute of State and Law. V.M. Koretsky National Academy of Sciences of Ukraine

Essay

In Ukraine, there is an increase in the number of criminal offenses committed by conspiracy between several persons, which indicates an increased public danger of the perpetrator and those who conspired to commit a criminal offense. Criminal conspiracy is one of the most dangerous forms of crime both in Ukraine and in the world. For group and organized forms of complicity, the concept of conspiracy is key. This term is contained in the definitions of forms of complicity (Article 28 of the Criminal Code of Ukraine), and is also indicated among the aggravating circumstances (Article 67 of the Criminal Code of Ukraine).Legislative constructions of the Criminal Code, constructed using the term "conspiracy", refer to joint actions of at least two subjects of a criminal offense, which are aimed at achieving a common goal: harm to public order, which is protected by the criminal law of Ukraine. At the same time, the actions of conspirators cannot always be qualified as complicity in the commission of a criminal offense. In particular, when the conspiracy is a form of preparation for the commission of a criminal offense, and the offense is qualified with reference to Part 1 of Art. 14, or when the conspiracy is a constitutive feature of the offense, and the offense is qualified only under the article of the Special Part of the Criminal Code of Ukraine (for example, under Article 109).

Files

Similar theses