To the issue of understanding of the subject of crimes against the freedom of conscience
Journal Title: Вісник Національного технічного університету України “Київський політехнічний інститут”. Політологія. Соціологія. Право. - Year 2016, Vol 1, Issue
Abstract
The article is devoted to the investigation of the scientific positions with regard to the understanding of a thing of crime as an element of corpus delicti generally and of crimes against the freedom of conscience in particular. The author draws attention to the fact that the qualification of crimes provided by the articles 161, 178–181 of Criminal Code of Ukraine depends of the clear understanding of such concepts as «feelings», «religious belief», «religious shrine», «religious rite», «priest», «religious building», «cult building». The author argues that there is currently no reasonable answer to the question whether they can be attributed to the subject of crime. This is due to the fact that the legislation does not contain definitions of these concepts. However, the lack of response makes this question the qualifications of relevant acts ambiguous, and sometimes even impossible. The author concludes that it is necessary to investigate scientifically the subject of crimes against the freedom of conscience.
Authors and Affiliations
І. М. Захарченко, О. О. Семенюк
Keywords
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