THE QUESTION OF INSIGNIFICANCE IN CRIMINAL LAW
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 3, Issue
Abstract
The article deals with the criminal law problems of the minor relevance of act. The existence of this phenomenon in criminal law is directly related to the presence of formal and material definition of crime. The minor relevance of the act appears in the absence of public danger of a crime. That is why practical problems of applying of Art. 11 CCU exist. The analysis of the position of the Supreme Court of Ukraine regarding to the issues of different application of norms of Art.11, p. 2 of the Criminal Code by the courts of cassation. In this article, the social danger recognized as a synthetic category, which is the unity of an objective ability of a crime that causes substantial harm to the public, and the subjective focus on the infliction of such harm. In different crimes, the role of these characteristics in the formation of public differs. The solution of the problem proposed by the SCU is not perfect, because it actually makes the application of the provisions of minor relevance of the act impossible in cases where person has committed acts stipulated by Art. 185, 190, 191 of the CCU. The application provided by SCU qualification in the case where an offence is committed is questionable, where the consequences are expressed in terms of evaluative concepts and can be both tangible and intangible in nature. It is considered to be appropriate to pose to the investigator the problem of establishing the elements of a crime committed by a person in the act, but not to decide the question whether was a crime committed or not. In order to solve the problem of minor relevance of the act it has been proposed to eliminate norms in respect of it under article 11 CCU, and to determine the act as a release from criminal liability. Such changes require making appropriate additions to Section IX of the General part of the criminal code.
Authors and Affiliations
В. І. Ходарєва
Keywords
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