The Features of the Determination of the Genitive Object of the Crimes against Justice
Journal Title: Журнал східноєвропейського права - Year 2017, Vol 41, Issue 41
Abstract
The article researches the features of the establishment of a gender object of the crimes against justice is conducted, approaches in relation to understanding of the justice as an object of the crime are considered, definition of «justice» is analyzed. The analysis of recent research and publications on the subject is determined. The analysis of the law rules of the Criminal Code of Ukraine is carried out. It is concluded that there is no definition on the legislative level and in the theory of law there is no single approach to understanding of the notion of «justice». It is said that the question of what exactly should be understood under the notion of «justice» in the title of section XVIII of the Criminal Code of Ukraine remains controversial. It is pointed that the in the theory of criminal law, we can speak about the existence of two basic concepts regarding the understanding of justice as the object of a crime. It is concluded that justice should be defined as the activity that is carried out by the courts in the form of administrative, economic, constitutional, criminal, civil justice and its essence is in trial proceedings that is carried out by bodies that facilitate the court in the implementation of justice and provide execution of its decisions. That is exactly how the term «justice» should be understood in criminal law. It was established that the generic object of encroachment on the crimes against justice is social relations that ensure the proper functioning of the justice system that is established by law.
Authors and Affiliations
Evgeniya Valkova
Keywords
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