ПОНЯТТЯ ЗВЯЗКУ МІЖ ПОСЯГАННЯМ НА ОСОБУ Й ВИКОНАННЯМ ЦІЄЮ ОСОБОЮ ЧИ ЇЇ БЛИЗЬКИМ РОДИЧЕМ СЛУЖБОВОГО АБО ГРОМАДСЬКОГО ОБОВЯЗКУ
CONCEPT OF CONNECTION BETWEEN ASSAULT ON THE PERSON AND THE PERFORMANCE BY THAT PERSON OR HIS CLOSE RELATIVES OF SERVICE OR PUBLIC OBLIGATION
Author(s): M. KomarnytskyjSubject(s): Criminal Law, Criminology, Victimology
Published by: Fundacja „Oświata i Nauka Bez Granic PRO FUTURO”
Keywords: Communication; attempt; victim; service obligation; public obligation; obligation performance; close relatives;
Summary/Abstract: The article analyzes and outlines the features of communication between the attack on the person and the performance by such a person or his / her close relative of service or public obligation, typical features of its establishment are described and changes and amendments to the Criminal Code of Ukraine are proposed. It was established that the use of the term «communication» the legislative model of crimes committed in connection with a person is service or public obligation refers to certain characteristics of objective and subjective aspects of these crimes. Attempt on the person or his / her close relative, in connection with that persons service or public obligation can be qualified as a characteristics of the offense or the first string of a number of criminal attacks. In any case, these norms indicate the connection with the performance of service or public obligation. The time of such crimes usually does not matter for the their qualification. Performing service or public obligation by the injured person or his / her close relative they can be committed and sometime after the relevant obligation. In some cases, the crime can be committed before the performance of the relevant service or public obligation by the person.
Journal: KELM (Knowledge, Education, Law, and Management)
- Issue Year: 13/2016
- Issue No: 1
- Page Range: 136-144
- Page Count: 9
- Language: English, Ukrainian