SUBJECTIVE ASPECT OF THE CRIME UNDER ART. 351 OF THE CRIMINAL CODE OF UKRAINE
Journal Title: Судова та слідча практика в Україні - Year 2018, Vol 6, Issue
Abstract
The article examines the signs of the subjective aspect of resistance of the activity of the people’s deputy of Ukraine and the deputy of the local council. The author draws attention to the fact that the mental attitude of the subject to the act committed is characterized solely by direct intent. It is also justified The need to supplement the disposition of Part 1 and Part 2 of Art. 351 of the Criminal Code of Ukraine with the indication of the form of guilt in case of non-observance of lawful demands of a people’s deputy of Ukraine, in particular, it is proposed to supplement Part 1 and Part 2 of Art. 351 of the Criminal Code of Ukraine with the word “intentional” before the words “non-observance”, “creation”, “rendering” and to exclude the word “knowingly” from Part 1 of the same Art. It is stated that this crime is committed for certain motives, which, although not specified in the law as compulsory, have in each case an important criminal law significance.
Authors and Affiliations
В. Р. Ладнюк
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