PROBLEMS OF THE OBJECTIVE SIDE OF FINANCING ACTIONS COMMITTED WITH THE PURPOSE OF THE VIOLENT CHANGE, OVERTHROW OF CONSTITUTIONAL ORDER OR OCCUPATION THE STATE POWER, CHANGE OF THE TERRITORY OR THE STATE BORDER OF UKRAINE
Journal Title: Юридичний науковий електронний журнал - Year 2018, Vol 1, Issue
Abstract
The article is devoted to the study of the content of the objective side of the financing of the actions committed for the purpose of the violent change or overthrow of the constitutional system or the seizure of the state power, changes of the territory’s boundaries or the state border of Ukraine (article 110-2 of the Criminal Code of Ukraine). It has been established that the obligatory attribute of the objective side of the main components of this crime (parts 1 and 2 of article 110-2) is only a socially dangerous act in the form of actions (active behavior). The forms of committing the crimes provided for in parts 1 and 2 are defined, and the authors insist on the necessity of distinction between financial and material support and actions committed only for the purpose of such support.It is proved that the material and financial support are distinguished among themselves on the basis of theirgrammatical contrast in the text and content according to the features of the subject of financing (financial assets or material resources). The particular methods of financing depend on the peculiarities of the circulation of financing items and may be expressed in the transfer, collection, supply of these items, but are not limited to them. It is argued that the structure of the crimes considered are truncated («super truncated»), indicating that the moment of the end of the crime is transferred to the earliest stage of its committing. Financing must be considered an accomplished crime since the committing of any outwardly expressed socially dangerous action for the purpose of the violent change or the overthrow of the constitutional system or the seizure of the state power, or changes in the boundaries of the territory or state border of Ukraine.
Authors and Affiliations
М. А. Рубащенко, С. М. Салтиков
Keywords
Related Articles
- EP ID EP639506
- DOI -
- Views 84
- Downloads 0
THE FRENCH REVOLUTION FROM 1789 UNTIL 1794
The French Revolution was a period of far-reaching social and political upheaval in France that lazed from 1789 until 1799. And was partially carried forward by Napoleon during the later expansion of the French Empire. T...
GENERAL ISSUES OF METHODS OF PROTECTION OF CORPORATE RIGHTS
The article examines the characteristics of the ways to protect corporate rights. Unique possibility of isolation of corporate methods of protecting shareholder’s rights was firm. Those methods are primary used to defens...
LEGISLATIVE REGULATION OF STATE POLICI COMMAND AND CONTROL UKRAINE
The article disclosed and defined principles of state policy in the sphere of governance of the Armed Forces of Ukraine, explored the current state of reforming the said forces and described the possible ways of improvin...
ECONOMIC COMPETENCE OF LOCAL GOVERMENT: LEGAL ANALYSIS
The article is devoted to the basic question of legal maintenance of local government in economic management today. The author analyzes the legal nature of the concept of “economic competence”, defined its characteristic...
SIGNIFICANT TERMS AND CONDITIONS OF SALE OF SPECIAL FUNDS SELF
The article is dedicated to essential terms of the sale contract of special self-defense means. Details considered outstanding legal basis of special means of self-defense in Ukraine. Indicated that the legal principles...