Individual liability for international destruction or damage to properly law enforcement officer (Art. 347 of the Criminal code of Ukraine)
Journal Title: Правова держава. Щорічник наукових праць (Pravova derzhava) - Year 2016, Vol 27, Issue
Abstract
The article deals with liability for intentional destruction or damage to property law enfor- cement officer to determine the relationship of the destruction or damage of property of a law enforcement officer or his relatives their duties, official duties, taking into account the dama- ge to property caused by his deliberate destruction or damage to the criminal-legal qualifica- tion under Art. 347 of the Criminal Code of Ukraine. Guarantees of professional law enforcement officers due to the nature and scope of the tasks assigned to these workers legislation of Ukraine. Under the provisions of ch. 1, Art. 62 of the Law of Ukraine «On the national police» police in the performance of police powers is representative of the State. The police service is a public service of a special nature, which is a profession police of performance of police powers. In the context of the need to ensure the unity of terminology in the law it should be noted that the Law of Ukraine «On the national police», defining the rights and responsibilities of police in Articles 23, 24 defines the powers of the police. It is obvious that the implementation of the police law defined the scope of powers points to the scope and direction established by law lawful professional activities of the latter. Thus, according to ch. 6. 62 of the Act, interference with police, obstructing the per- formance of the relevant authority, failure to legitimate demands of police, and any other ille- gal actions against the police are the result of liability under the law. The necessity to amend the disposition ch. 1, Art. 347 of the Criminal Code of Ukraine and the responsibility for intentional destruction or damage to property law enforcement offi- cer or his close relatives in connection with her official powers. It was established that these changes will not only contribute to the unity of terminology, but also will make it possible to distinguish between liability for centuries. 347 and 194 of the Criminal Code of Ukraine in case of intentional destruction of or damage to property law enforcement officer for reasons of revenge for the illegal activities of the law enforcement agency, he has thanks to the speci- fic legal status of non-compliance by the legislation authority. Thus, we think that when a crime under Art.bility should occur for centuries. 194 Criminal Code of Ukraine guilty without understanding that it encroaches on the property is a law enforcement officer. Аbuse of a law enforcement officer has the legal status result in the loss of the right in this status, according to which of the Criminal Code in Ukraine established sys- tem of criminal protection of its official activities. Responsibility for centuries. 347 of the Criminal Code of Ukraine should occur at deter- mining whether intentional destruction or damage to property of the victim in connection with his legal powers at different times, and the fact that particular time the crime and the fact that the immediate implementation of its authority employee is currently no importance for crimi- nal legal qualification. Based on the classification of Art. 347 of the Criminal Code of Ukraine to the material composition of crimes, obviously, courts should establish the damage and harm caused to the relationship of the victim’s legal status, on which this set of criminal law. The concept of substantial damage in the context of Article 11 of the Criminal Code is esti- mated character, its content is determined by evaluation of law enforcement all the circum- stances. On the nature of estimated damage can speak only when the legislator in the relevant articles (the articles) of the Criminal Code uses common valuation concepts: grave conse- quences, other grave consequences (relative by law). Determined that the estimated damage to nature in the disposition ch. 1, Art. 347 of the Criminal Code of Ukraine in the context of the application of ch. 2, Art. 11 Criminal Code of Ukraine does not apply. Thus, in the absence of formalization dangerous consequences in ch. 1, Art. 347 of the Criminal Code of Ukraine, pravozastosuvacha there are no criteria that make it possible to determine the presence or absence of evidence. Based on the above, the necessity to specify the term «low-value» assets and «minor» damage to qualify for centuries. 347 of the Criminal Code of Ukraine, as well as set a minimum amount of damage, if the onset of which will be criminal liability on ch. 1, Art. 347 Criminal Code of Ukraine. Also we consider it appropriate to amend disposal ch. 1, Art. 347 of the Criminal Code of Ukraine and the responsibility for intentional destruction or damage of property belonging to a law enforcement officer, a person who is exempt from the law enforcement, or his close rel- atives in connection with his work for legitimate authority.
Authors and Affiliations
Iryna Izay
Keywords
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