УДК 343.3/.7                                                                                                                                             PDF

DOI 10.37566/2707-6849-2020-2(31)-4

Serhii KIRIENKO 

Associate Professor of Law, Kyiv National Linguistic University, Candidate of Law Sciences, docent

THE PROBLEMS OF CRIMINAL PROTECTION OF PERSONS IN UKRAINE

The article is devoted to the problems of criminal legal protection of a person in Ukraine. The number of articles of the Criminal Code of Ukraine (for example, Articles 115, 116, 117, etc.) do not take into account the specific features of those socially dangerous acts, for which they provide for liability, which does not allow to provide them with adequate criminal law assessment.

The author analyzed the components of individual crimes that affect the life, health, sexual freedom and sexual integrity of a person. Based on the study, conclusions were made on the need for changes and additions to the current criminal legislation of Ukraine. It is proposed to understand murder as the most intentional unlawful infliction of death of another person and to abandon the term «murder through negligence», replacing it with «infliction of death through negligence» in Art. 119 of the Criminal Code of Ukraine. In this regard, it is proposed to replace the term «premeditated murder» with «murder» in Articles 115, 116, 117, 118 of the Criminal Code of Ukraine. It is also proposed to provide in Part 2 of Art. 115 of the Criminal Code of Ukraine as qualifying features of a crime murder of a minor, elderly person and representatives of other vulnerable categories of the population.

The article points out the inexpediency of using the term «systematic» for actions for which liability is provided in Articles 116 and 120 of the Criminal Code of Ukraine, as it deprives them of the possibility of their application in the case of a single act, proposes a new version of Articles 116, 117 and 120 of the Criminal Code. while the latter contains a definition of «suicidal tendencies». The author proposes to exclude Art. 126-1 of the Criminal Code of Ukraine, as it is incorrectly drafted, contains ambiguous terms and duplicates existing criminal law. A new version of the disposition of Part 1 of Art. 152 of the Criminal Code of Ukraine is proposed and indicated the need to take into account the voluntary consent of a person under 14 years of age in the classification of crimes against sexual freedom and sexual integrity of a person.

Key words: crime, responsibility, qualification, term.

References

Kirenko S. G. Problems of terminological support of the fight against the crime. Scientific works of the National Aviation University. Series: Legal Bulletin «Air and Space Law». Coll. science. works. Kyiv: NAU, 2017. No 2 (43). P.177–181.[ukr.]

Trostyuk Z. A. The conceptual apparatus of the Special Part of the Criminal Code of Ukraine. Kyiv: Atica, 2003. 144 p.[ukr.]