Debatable issues of defining the object of collaborative activity (Article 111-1 of the Criminal Code of Ukraine)

In the criminal law doctrine, it is considered that the object of any criminal offense is one of the main elements of its composition, without which it will not make sense to talk about the existence of such an offense and bring criminal responsibility for it. Collaborative activities are no exception. Considering this, as well as the relative novelty of the studied article 111-1 of the Criminal Code of Ukraine, we believe that the definition of the object of this criminal offense needs to be clarified taking into account certain debatable aspects of the selected issue. The purpose of this article is to define the concept of the direct object of collaborative activity, as well as possible additional objects of actions that make up its composition. The most accurate and universal is the concept according to which the object of a criminal offense is defined as the order of social relations, which is protected by the norms of the criminal law. According to this, the object of collaborative activity is the direct object of collaborative activity can be defined as the order of public relations in the sphere of ensuring the state sovereignty, defense capability and national security of Ukraine in the state, political, economic, informational and military spheres. Mandatory additional objects of collaborative activity are: the order of public relations in the sphere of ensuring the activities of state authorities (parts 2, 5, 7); order of social relations in the field of economic activity (part 4); the order of public relations regarding the provision of electoral legislation and the referendum (part 6); the order of social relations in the sphere of ensuring normal moral, intellectual development and socialization of minors (part 3); order of public relations in the sphere of protection of human life and health and property relations (part 8). This study does not solve all the problems associated with determining the composition of collaborative activity, but it is promising in the field of solving problems regarding criminal liability for criminally punishable acts that make up the composition of collaborative activity.

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Publication Details

Journal
Uzhhorod National University Herald Series Law
Published
2024-11-22
DOI
https://doi.org/10.24144/2307-3322.2024.85.3.52
Primary Topic
Ukrainian Legal and Forensic Studies
Type
article
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article

Debatable issues of defining the object of collaborative activity (Article 111-1 of the Criminal Code of Ukraine)

O. V. Tananakin
Uzhhorod National University Herald Series Law
Ukrainian Legal and Forensic Studies
article

Debatable issues of defining the object of collaborative activity (Article 111-1 of the Criminal Code of Ukraine)

O. V. Tananakin
article en

Abstract

In the criminal law doctrine, it is considered that the object of any criminal offense is one of the main elements of its composition, without which it will not make sense to talk about the existence of such an offense and bring criminal responsibility for it. Collaborative activities are no exception. Considering this, as well as the relative novelty of the studied article 111-1 of the Criminal Code of Ukraine, we believe that the definition of the object of this criminal offense needs to be clarified taking into account certain debatable aspects of the selected issue. The purpose of this article is to define the concept of the direct object of collaborative activity, as well as possible additional objects of actions that make up its composition. The most accurate and universal is the concept according to which the object of a criminal offense is defined as the order of social relations, which is protected by the norms of the criminal law. According to this, the object of collaborative activity is the direct object of collaborative activity can be defined as the order of public relations in the sphere of ensuring the state sovereignty, defense capability and national security of Ukraine in the state, political, economic, informational and military spheres. Mandatory additional objects of collaborative activity are: the order of public relations in the sphere of ensuring the activities of state authorities (parts 2, 5, 7); order of social relations in the field of economic activity (part 4); the order of public relations regarding the provision of electoral legislation and the referendum (part 6); the order of social relations in the sphere of ensuring normal moral, intellectual development and socialization of minors (part 3); order of public relations in the sphere of protection of human life and health and property relations (part 8). This study does not solve all the problems associated with determining the composition of collaborative activity, but it is promising in the field of solving problems regarding criminal liability for criminally punishable acts that make up the composition of collaborative activity.

Uzhhorod National University Herald Series LawVol. 3(85)
Peace, Justice and strong institutions
Openalex Percentile: Top 67%
Ukrainian Legal and Forensic Studies
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