THE OBJECTIVE SIDE OF MURDER AS A TYPICAL LEGAL CONSTRUCTION
УДК 343:133.3
ORCID: 0009-0001-6135-4131
DOI 10.37566/2707-6849-2024-2(47)-8
Serhiy BEREZHNYI,
Associate Professor of the Department of Criminal Law and ProcedureKhmelnytskyi University of Managementand Leonid Yuzkov name rights,retired judge of the Court of Appeal,candidate of legal sciences, associate professor
THE OBJECTIVE SIDE OF MURDER AS A TYPICAL LEGAL CONSTRUCTION
Protection of a person from criminal offenses, protection of his rights, freedoms and legitimate interests is one of the most important constitutional tasks of the State. The objective side of criminal offenses is an important part of the application of the law on criminal responsibility. The objective side of a criminal offense characterizes the external process of criminal behavior and contains information necessary for the correct qualification of the act. An essential role is played by the objective side in distinguishing adjacent components of criminal offenses. Especially when distinguishing acts that encroach on the same object and have the same form of guilt. Today's requirements require a clear understanding of the theory of the structural parts of a criminal offense, in particular, the objective side. The current stage of the development of domestic science of criminal law necessitates further research of scientific views on the theory of qualification of criminal offenses and their successful application by law enforcement agencies.
Key words: murder, the objective side of criminal offenses, qualification of criminal offenses on objective grounds, judicial practice.
References
Criminal law and legislation of Ukraine. General part. Course of lectures / Ed. M.Y. Korzhansky. - K.: Atika, 2001. - P. 432.
Criminal law of Ukraine: General part. Textbook for students. law special of higher education institutions / M.I. Bazhanov, Yu.V. Baulin, V.I. Borisov and others; Edited by M.I. Bazhanova, V.V. Stashisa, V.Ya. Tatia. - Kyiv - Kharkiv: Yurinkom Inter - Pravo, 2002. - 416p.
Matyshevskyi P.S. Criminal law of Ukraine: General part: Subchapter. for students law universities and faculties - K.: A.S.K., 2001. - 352 p.
Criminal law of Ukraine. Total part: Understudy. for law students. universities and faculties / G.V. Andrusiv, P.P. Andrushko, V.V. Benkivskyi and others; Edited by P.S. Matyshevsky and others. - K.: Yurinkom Inter, 1997. - 512c.
Yarmysh N.M. Action as a sign of the objective side of the crime (problems of psychological characteristics). - Kh.: Osnova, 1999. - 84 p.
Criminal law of Ukraine. Common parts: Study guide. - Edited by O.M. Omelchuk. – K.: Alerta; CNT; TsUL, 2010. -208 p.
A scientific and practical commentary on the Criminal Code of Ukraine: In 2 vols. - Vol. 1 / General. ed. P.P. Andrushka, V.G. Honcharenko, E.V. Fesenka -3rd ed., revision. and additional - K.: Alerta: KNT: Center for educational literature. – 2009. -964 p.
Criminal law of Ukraine: General part: Textbook / M.I. Bazhanov, Yu.V. Baulin, V.I. Borisov and others..; Under the editorship Prof. E. Bazhanova, V.V. Stashisa, V.Ya. Tatsiya. - 2nd ed., reworked and supplemented - K.; Yurinkom Inter, 2005.-480 p.
Scientific and practical commentary on the Criminal Code of Ukraine. - 4th ed., revised. and addendum./ Ed. E. Melnyka, M.I. Khavronyuk - K.: Legal opinion, 2007. - 1184 p.
Korolenko M.P. Qualification of premeditated murder under aggravating circumstances. Monograph.-K.: Institute of State and Law named after V.M. Koretsky National Academy of Sciences of Ukraine, 2004.-172p.
Resolution of the Supreme Court of August 2, 2023 in case No. 144/246/20, proceeding No. 51-2238km23. URL: https://reyestr.court.gov.ua/Review/112609717
Resolution of the Supreme Court of June 22, 2023 in case No. 719/231/21, proceeding No. 51-1259km23. URL: https://reyestr.court.gov.ua/Review/111804879