Separate problems of determination of the general object of crimes provided by the Section of the XX Criminal Code of Ukraine
Journal Title: Науковий вісник Міжнародного гуманітарного університету. Серія: «Юриспруденція» - Year 2018, Vol 35, Issue 2
Abstract
The article is devoted to the study of the problems of determining the generic object of crimes under Section XX of the Criminal Code of Ukraine. The modern views of scientists on the definition of this problem are considered, the influence of international acts on the formation of the object of criminal law protection is analyzed. Considering the Rome Statute of an international criminal court, it is an important regulatory legal act of an international character, which defines the conceptual basis for countering and preventing crimes encroaching on the international legal order. The content and classification of crimes against peace, the security of mankind and the international legal order, as provided for by Section XX of the Criminal Code of Ukraine, has been revised. In particular, the influence of the norms of international law on the formation of the generic object of such crimes is defined. It has been established that decisive importance in systematization of criminal legislation is played by the provision regarding the generic object of a crime, which makes it possible to substantiate the classification of all crimes and relevant criminal law norms within specific sections of the Criminal Code, which fix the responsibility for encroaching on identical or homogeneous social relations. It was determined that the specificity of criminalization of these crimes, their conventional and blanket nature should be the basis for their systematization, definition of a generic object and, accordingly, their names, as well as further classification by type object. In order to unify the provisions of criminal law with international legal acts, it is necessary to change the name of Section XX in accordance with the classification given in the Rome Statute on “Crimes of genocide, aggression, against humanity and war crimes”.
Authors and Affiliations
Д. С. Щоголєв
Keywords
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