The Problem Definition of “Complicity in a Crime with a Special Subject”
Journal Title: Держава та регіони. Серія: Право - Year 2016, Vol 1, Issue
Abstract
The article is devoted to the definition of “complicity in crimes with a special subject” in accordance with the criminal legislation of Ukraine. Considers disputes on the definition of the term. Also, the article is devoted to studying the approaches of the legislator and scientists to covering some of the problems of qualification of certain types of crimes committed in complicity with a special subject. Design and development of an independent democratic state is impossible without real and effective promotion and protection of human rights and freedoms. One of the greatest threats to the values indicated are criminal attacks and crime in general. The greatest danger for any country are organized forms of criminality, it is the most stable and consolidated displays. High social existence and danger of persistent criminal organizations determined not only at national level but also internationally, as evidenced by the numerous relevant international regulations and agreements. As in Ukraine, and other countries counter the problem of crimes committed in complicity with the government and researchers paid much attention. However, despite the partial elaborated scientific problems, there are many criminal aspects that require further research. One of these issues is the qualification of crimes committed in complicity with a special subject.Errors that occur in the application of the law, there is usually due to the uncertainty of the final concept of “special subject” and the description of his species. The aim of this publication is to analyze the criminal law and the views of scientists on the definition of this notion and penal approaches to qualification of crimes that are committed in complicity with a special subject for the improvement of the existing legal framework and system of measures to prevent this type of crime.
Authors and Affiliations
Ю. В. Абакумова
Keywords
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