CRITERIA FOR DISTINGUISHING HOOLIGANISM FROM CRIMES AGAINST LIFE AND HEALTH OF THE INDIVIDUAL
Journal Title: Jurnalul juridic naţional: teorie şi practică - Year 2018, Vol 2, Issue 2
Abstract
The article deals with categories of differentiation of crimes against life and health of a person from hooliganism, features of their qualification at causing harm to the person during the commission of hooligan actions, both criminally punishable and administratively punishable. The authors presented a scientific and theoretical analysis of monographic literature on the topic of the study, pointing out the importance of the difference between competing and related crimes with the hooliganism. Also, the authors analyze the judicial practice and point out the mistakes made in the qualification of hooliganism during the judicial review, which arose as a result of various reasons: incorrect or incomplete identification of all the elements of the crime, ignoring the explanations of the Plenum of the Supreme Court of Ukraine, incorrect qualification of the crime at the stage of pre-trial investigation, not bringing guilt on the face and so on.
Authors and Affiliations
Svetlana SHALGUNOVA, Taisiya SHEVCHENKO
Keywords
Related Articles
- EP ID EP669540
- DOI -
- Views 46
- Downloads 0
LEGAL STATUTES IN RELATION TO PARTICIPATION OF THE THIRD PERSONS AT GRANT OF CONSENT TO SETTLEMENT OF A LEGAL TRANSACTION
The article is sanctified to the analysis of legal relationships, that is folded in connection with a grant in cases that is statutory or by an agreement, consent to the settlement of a legal transaction for the purpose...
CONSERVATIVE LEGAL IDEOLOGY IN THE PROGRAMS AND ACTIVITIES OF THE POLITICAL PARTIES OF THE GALICHYNY OF THE END OF THE XIX – THE BEGINNING OF XX CENTURIES
The article analyzes the role of political parties in Galicia in shaping the basic postulates of conservative legal ideology. It was established that the main ideologue and creator of conservative legal ideology was poli...
SOCIAL-POLITICAL AND LEGAL PREREQUISITES FOR THE ESTABLISHMENT OF REGIONAL COURT IN AUSTRIA AND AUSTRIA-HUNGUARY
The article analyzes the sociopolitical and legal background of the formation of regional courts (ger.: Landesgerichte) in the Galician region of Austria and Austria-Hungary. The legal basis for the organization and oper...
THEORETICAL AND LEGAL ASPECTS OF THE STAGES OF ADMINISTRATIVE AND DELICT RELATIONS
In this article the peculiarities of the stages of administrative and delict relations were investigated. An attempt was made to revise the traditional view at the stage of administrative and delict relations, which resu...
FORENSIC CHARACTERISTICS OF LUCRATIVE AND VIOLENT CRIMES COMMITTED BYMINORS
The author of the article has studied the issue of forensic characteristics of lucrative and violent crimes committed by minors. The author has carried out theoretical analysis of scholars’ points of view on the concept...