ISSUES OF DETERMINING THE CONTENT OF CRIME’S OBJECT AGAINST INDIVIDUALS AND ENTITIES THAT HAVE INTERNATIONAL PROTECTION
Journal Title: Правовий часопис Донбасу - Year 2016, Vol 55, Issue 1
Abstract
Theoretical problems of determining the content of crimes’ object against individuals and entities that have international protection are considered in the article. Based on the location of the Art. 444 of the Criminal Code of Ukraine made by a legislator (Section XX of the Special Part of this Law) it is states that the generic object of crimes against individuals and entities that have international protection covers a wide range of public relations, which provide the maintenance of global peace, security of humanity and international law and order. It is noted that under the Art. 444 of the Criminal Code of Ukraine a crime within the theory of criminal law is considered as a crime against international law and order. The doctrinal approaches to the definition of international law and order are analyzed. The issues on the possibility of taking into account international law and order within the structure of generic object of crimes specified in the Section XX of the Criminal Code are considered. Theoretical principles of separation of national and international law and order as relatively independent phenomena are found out. Arguments in favor of the feasibility of determining international law and order as a component of the object of attack under the Art. 444 of the Criminal Code of Ukraine are presented. The evaluation of the place of relations concerning the maintenance of international law and order within the structure of the object of crimes against international law and order is provided. It is noted that its elements should be admitted as a typical object of the group of crimes under the Section XX of the Criminal Code, including crimes against individuals and entities that have international protection. On this basis the directions of the research of the direct object of these crimes are defined.
Authors and Affiliations
Igor Ralchenko
Keywords
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