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
Related Articles
- EP ID EP589894
- DOI -
- Views 85
- Downloads 0
On the issue of codification as a way to systematize departmental normative acts
Based on the analysis of the normative competence of the ministries and other central executive bodies, as well as the study of the systematization and codification of legislation, the article clarifies the admissibility...
The liability of insurer upon the insurance contract
In the article it has been analyzed the basis and forms of liability of the insurer upon the insurance contract. Also it has been carried out the differentiation between terms “liability of the insurer” and “obligation o...
A role of modern conception of development of labour law for Ukraine in the general doctrine of construction of civil society and legal state
In the article the modern consisting of labour law and necessity of his perfection is analysed of new terms of management. The role of modern conception of development of Ukraine’s labour law is in the general doctrine o...
Functioning of the territorial selfgovernment bodies in gminas of the Lviv poviat in 1930th
In the article, the main functions and characteristics of self-government authorities in the Lviv poviat in the interwar period are considered. After the enactment of the law “About the partial change of territorial self...
Legal status of the participants of the State concern “Ukroboronprom” and the legal regime of their property (part two)
The article deals with the legal status and legal regime of property of enterprises that are members of the State concern “Ukroboronprom”, the leader of the defense industry of Ukraine. A brief excursion into the history...