ПРОБЛЕМИ КВАЛІФІКАЦІЇ КРИМІНАЛЬНИХ ПРАВОПОРУШЕНЬ, ПЕРЕДБАЧЕНИХ СТАТТЯМИ 342 ТА 345 КК УКРАЇНИ

The article is devoted to the study of the problems of qualification of criminal offenses provided for by Articles 342 and 345 of the Criminal Code of Ukraine, when distinguishing them from other offenses, as well as when distinguishing them from each other. It has been established that the main objective and attributive criterion for distinguishing malicious disobedience (Article 185 of the Code of Administrative Offenses) from resistance (Article 342 of the Criminal Code of Ukraine) is the physical direction of the person. Aggressive, such as those indicating an attack, movements towards a law enforcement officer clearly indicate resistance. Movements from a law enforcement officer that are of a protective nature against the latter’s active actions should be qualified as malicious disobedience. Specific situations of police officers' official activities in which malicious disobedience and/or resistance are manifested are highlighted and characterized. The distinguishing features of the elements of criminal offenses provided for in Articles 342 and 345 of the Criminal Code of Ukraine are defined, described and explained.