Nikitin A.O. Criminal liability for crimes related to criminal influence. - Qualification scientific work as a manuscript.
Dissertation to obtain the scientific degree of Doctor of Philosophy in the Field of Study 08 “Law”, Subject Area 081 “Law”. – National University of Kyiv-Mohyla Academy, Kyiv, 2024.
The dissertation is aimed at solving scientific and practical tasks of finding an optimal model of criminal liability for crimes associated with criminal influence. In Chapter 1 “General aspects of criminal liability for crimes related to criminal influence”, the genesis of the formation of criminal liability in Ukraine for the specified crimes, grounds and reasons for the criminalization of actions in general and actions related to criminal influence in particular, foreign experience in establishing criminal liability for similar crimes are investigated. In Chapter 2 “Criminal liability for crimes related to criminal influence under the Criminal Code of Ukraine”, the definition of key concepts – “criminal influence” and “person who is in the status of a subject of increased criminal influence”, objective and subjective elements of crimes related to criminal influence (Articles 255, 255-1, 255-2 and 255-3 of the Criminal Code of Ukraine), criminal law measures applied to persons who committed them, as well as the practice of application of the provisions of these articles by courts are investigated. In Chapter 3 “Perspectives of criminal liability for crimes related to criminal influence”, the norms of the Criminal Code of Ukraine establishing criminal liability for the specified crimes, their compliance with the requirements of the Convention for the Protection of Human Rights and Fundamental Freedoms and the practice of the European Court of Human Rights are investigated. The provisions of the draft new Criminal Code of Ukraine, developed by the Working Group on the Development of Criminal Law, which provide for criminal liability for these crimes, are analyzed. The scientific innovation of the obtained results lies in the following:
For the first time:
the correspondence of crimes related to criminal influence and related to the functioning of criminal organizations to the grounds and reasons for criminalization of actions has been established, while non-correspondence is identified for crimes not associated with their functioning, at least in terms of grounds for criminalization;
the list of actions considered by judicial practice in relevant criminal proceedings as intentional establishment, dissemination of criminal influence in society has been provided. The inconsistency, inconsistency of such practice, violation of the principle of non bis in idem has been proven;
the absence of consistent judicial practice in relevant criminal proceedings in determining the characteristics of the subject of crimes of intentional establishment, dissemination of criminal influence has been established;
the inconsistency of the provisions of the Criminal Code of Ukraine providing for the definition of the concepts of “criminal influence” and “person who is in the status of a subject of increased criminal influence”, with the requirements of the Convention for the Protection of Human Rights and Fundamental Freedoms and the practice of the European Court of Human Rights as to the quality of criminal law has been substantiated;
the conclusion has been made about the need to provide for in the current Criminal Code of Ukraine criminal liability for the creation, leadership of an organized group as a specific manifestation of criminal influence;
the conclusion has been made about the necessity of improving the provisions of the draft new Criminal Code of Ukraine regarding mentioned crimes.
Has been improved:
understanding of the characteristics of the structural part of a criminal organization;
understanding of specific manifestations of criminal influence;
system of sanctions provided for the commission of crimes related to criminal influence;
models of criminal liability for crimes associated with criminal influence.
Further development has been achieved in:
the expediency of establishing criminal liability for specific manifestations of criminal influence;
position regarding the improper definition of a criminal community in Article 255 of the Criminal Code of Ukraine and crimes of its creation and leadership;
understanding of the content of the requirements of the Convention for the Protection of Human Rights and Fundamental Freedoms and the practice of the European Court of Human Rights regarding the quality of criminal law.
Keywords: criminal law, criminal liability, criminal proceedings, exemption from criminal liability, organized crime, public safety, criminal influence, subject of criminal influence, criminal organization, organized group, complicity, accomplice, legal certainty/uncertainty, European Court of Human Rights and its practice, draft new Criminal Code of Ukraine.