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
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