PROBLEMS OF QUALIFICATION OF CRIMES AGAINST TERRITORIAL INTEGRITY AND DISTURBANCES: PRACTICAL ASPECTS
Journal Title: «Приватне та публічне право» - Year 2018, Vol 4, Issue
Abstract
In the article attention applies on the problems of qualification of crimes against a territorial value and inviolability as protipravnikh acts which trench upon bases of national safety. The special position is occupied by judicial practice in relation to expedience of the use of positions of the article 110 of the Criminal code of Ukraine, which collects meaningfulness in connection with realization in the state of anti-terror operation, and origin of necessity of providing of internal and external protected of country on the whole. The purpose of the article is to analyze and investigate scientific views on the current legislation of Ukraine, which reveals the issues of criminal liability for encroachment on the territorial integrity and immunity of Ukraine, referring to the existing jurisprudence. In a criminal case, under a particular object, a group of social relations in a family object, common to several similar crimes, is understood in relation to a non-specialty. However, some doctors say that the types of objects are marked as crimes, which in the current legislation are the same as the articles of the same chapter, as they are “scattered” in different sections. The modern paradigm of scientific research shows an increased interest in the question of the feasibility of using the terms “physical integrity” and “substantive inactivity” in the normative-legal acts. At the doctrinal level, the scholars came to the conclusion that the use of these terms may be uni fi cial and to respond to the practice of legal theory, to discuss the rationales of scientific research, and to agree with the international norm-making.
Authors and Affiliations
В. В. Топчій
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