VIOLENCE AS A CONSTRUCTIVE FEATURE OF THE CRIME PROVIDED FOR IN ART. 187 OF THE CRIMINAL CODE OF UKRAINE (ROBBERY): PROBLEMS OF UNDERSTANDING IN THEORY AND LAW-ENFORCEMENT PRACTICE
Journal Title: Науковий вісник Ужгородського національного університету. Серія: Право - Year 2016, Vol 41, Issue 3
Abstract
In the article, using the example of such a crime as robbery, the problematic of too broad and arbitrary use of the es- timated characteristics in the Criminal Code of Ukraine is raised. It is concluded that, as one of the constructive signs of robbery, the legislator calls violence that is dangerous to human life or health, or the threat of such violence, but does not disclose their content in the text of the Criminal Code of Ukraine, which leads to a violation of the principle of legal certainty and complicates the process of law enforcement. It is argued that it is not expedient to consolidate in one part of the article (we are talking about part 1 of article 187 of the Criminal Code of Ukraine) as a constructive sign of robbery of both violence dangerous for life or health of a person and the threat of such violence, since they are not equally socially dangerous.
Authors and Affiliations
Г. С. Тiгранян
Keywords
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