THE OBJECT OF CRIMES IN OBSTRUCTING THE LEGAL ACTIVITY
Journal Title: Правовий часопис Донбасу - Year 2016, Vol 57, Issue 3
Abstract
The article aims to analyze the object of crimes which obstruct the legal activity. The author gives his opinion on the object of crime in general and on the specific object of crimes on obstructing the legal activity as well. The author expresses his view on the correlation of such notions as “object of a crime”, “object of criminal legal defense”, “object of criminal influence”, “object of infringement”. Considering the limited volume of this work, the author does not analyze all the approaches to understanding the object of a crime, but refers to the most common concepts and briefly argues his choice in favor of the concept “object of a crime – social values”. On the author’s opinion the social values (phenomena which are of great importance for a human, group of persons or society on the whole) may be defined as the object of a crime; they are protected by criminal law, but the significant damage may be inflicted to them while committing a crime. Today the crimes in obstructing the legal activity are placed in the different chapters of the Special Part of the Criminal Code of Ukraine, nevertheless, the author considers that it does not mean they infringe on different objects. The author comes to the conclusion that in this case the legislator has placed the formal components of a crime, which stipulate the liability for obstructing the legal activity of the Armed Forces of Ukraine and other military formations, as well as obstructing the organization and holding meetings, marches and manifestations, having considered the characteristic of additional object and not of a general one. The author summarizes that the specific object of crimes on obstructing the legal activity is the right of a person to realization of particular activity which is not forbidden by law, and emphasizes on the necessity to shift the criminal legal regulations which stipulate the liability for such crimes to the chapter V of the Special Part of the Criminal Code of Ukraine, except obstructing the legal activity of the Armed Forces of Ukraine.
Authors and Affiliations
Yevgen Pylypenko
Keywords
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