Ponomarenko O. Criminal liability for threat or violence against an official or a citizen performing public duty

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0822U100984

Applicant for

Specialization

  • 081 - Право. Право

04-11-2022

Specialized Academic Board

ДФ 26.007.098

National Academy of Internal Affairs

Essay

The dissertation is one of the first monographic works in Ukraine, which is devoted to the applied research of criminal liability for threats or violence against an official or a citizen performing a public duty. The theoretical and methodological foundations of the research are revealed in the work. It was established that the provision of the norm, which establishes criminal liability for the above-mentioned acts, has certain gaps. Having analyzed the provisions of Article 350 of the Criminal Code of Ukraine, it can be noted that criminal responsibility for such socially dangerous acts was initially covered by responsibility for other related criminal offenses and only over time in the process of development of criminal legislation was the specified norm determined separately and normatively established. The criminal law protection of their activities in different periods of the development of the law depended on various factors: the priority of the protection of civil servants, the specifics of the way of committing a criminal offense against the specified circle of persons, etc. The theoretical and legal aspects of enshrining such responsibility in the legislation that was in force on the lands of modern Ukraine were considered, and their own approaches to the periodization of the development of criminal responsibility for threats or violence against an official or a citizen performing a public duty were substantiated.

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