ABOUT GENERIC OBJECT OF ABUSE OF AUTHORITY BY AN OFFICIAL OF A LEGAL ENTITY OF PRIVATE LAW, IRRESPECTIVE OF ORGANIZATIONAL AND LEGAL FORM (ARTICLE 3641 OF THE CRIMINAL CODE OF UKRAINE)
Journal Title: Міжнародний науковий журнал "Інтернаука". Серія: "Юридичні науки" - Year 2018, Vol 1, Issue 2
Abstract
The article deals with the generic object of abuse of authority by an official of a legal entity of private law, irrespective of organizational and legal form. The author presents scientific approaches to the definition of the object of the crime, which exists in the science of criminal law, such as: the object of the crime - social relations, the object of the crime - the legal good, the object of the crime - the values protected by laws against which is aimed at a criminal act and which is or may be harmed, etc. The author indicates supporters of each approach. He expresses his own arguments in defense of the dominant approach. The author sorted out his own view of the reasons for the lack of a single, consistent approach to the definition of the object of the crime and provided an answer to the question: What is the problem of the object of the crime? The author analyzed the changes in legislation to Part XVII of the Criminal Code of Ukraine was carried out, which, in particular, was accompanied by the process of bringing the national legislation into conformity with international acts against corruption and their impact on the formulation of the definition of the generic object of crime in the field of service activities and professional activities related to the provision of public services. The author made a comparison of existing in the domestic science of criminal law definition of the generic object of crime in the field of service activity, depending on the socio-political system, socio-economic system, common and distinctive features were found, characterized by the signs and elements of such definitions. The author formulated the actual definition of the generic object of abuse of authority by an official legal entity of private law, as a law-protected procedure of social relations, is formulated, which ensures the normal, lawful activity of an official of the state apparatus, the apparatus of local self-government, associations of citizens, enterprises, institutions, organizations irrespective of organizational and legal form and form of ownership, as well as professional activities related to the provision of public services.
Authors and Affiliations
Roman Gora
Keywords
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- EP ID EP570678
- DOI 10.25313/2520-2308-2018-1-3637
- Views 104
- Downloads 0
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