Voytiuk T. Refusal to Perform a Legal Duty as a Criminal-Legal Concept.

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0821U102722

Applicant for

Specialization

  • 081 - Право. Право

24-11-2021

Specialized Academic Board

ДФ 26.236.015

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

Essay

Chapter I of the scientific work is devoted to the problem of theoretical and methodological fundamentals for the study of refusal to perform a legal duty as a criminal-legal concept is being considered for both general and specific scientific levels concerning the characteristics of refusal to perform a legal duty in legislative constructions of legal and regulatory instruments, including in the Criminal code of Ukraine. The thesis analyses the main approaches of legal theorists to understanding the concepts of ―juridical obligation‖, ―legal status of a person‖, ―implementation‖, which is the basis for understanding the concept of ―refusal to perform a legal duty‖ as a socially dangerous activity in the criminal law of Ukraine. It is concluded that a person‘s refusal to perform a legal duty is a form of realisation of his legal status, which brings various legal consequences in private and public areas of law. In particular, if a person refuses to perform a legal duty within the public branches of law, he or she shall be brought to legal responsibility.

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