CRIMINAL AND LEGAL CHARACTERISTICS OF VIOLENCE IN ARTICLE 43 OF THE CRIMINAL CODE OF UKRAINE

Abstract

Introduction. The article provides a criminal law characteristic of violence as a category of the General Part of the legislation on criminal responsibility. In particular, its role and significance in cases of application of the rule that determines the responsibility of persons who perform a special task to prevent or detect criminally illegal activities of organized groups and criminal organizations is considered. It is accentuated that violence in this norm, as well as in other norms that provide for circumstances that exclude criminal unlawfulness of the action, has the following meaning: characterizes the factual and legal basis of circumstances that exclude criminal unlawfulness; determines the use of violence against a person as grounds for "unlimited" use of force for protection; establishes that in some cases, excessive use of force leads to criminal prosecution.

Summary of the main research results. The analysis of the current criminal legislation of Ukraine allowed the author to conclude that severe and especially severe consequences prescribed in Part 2 of Art. 43 of the Criminal Code of Ukraine characterized not only by physical damage, but also its other types, for example, by property, organizational and so on. In addition, the legislation does not clearly dividing the consequences to severe and particularly severe. In most cases, they coincide, and in practice there are difficulties in delimitation them. To solve this problem, it is proposed to specify the consequences of exceeding the limits by a person performing a special task. This can only be the most dangerous harm to a person, which is to take his life (murder) and inflict grievous bodily harm. The meaning of the term "compulsion" in the corresponding norm is investigated. According to the author, compulsion is an element of the objective side of criminal offenses committed during the performance of a special task, namely the circumstance of the commission of such offenses. These are the specific objective-presentive conditions in which a criminal offense is committed. In fact, the compulsion of harm causing during a special task is due to two factors: the final goal that characterizes a person's behavior - prevention or detection of criminally illegal activity of an organized group or criminal organization and the situation in which the person operates. The article states that an important characteristic of illegal behavior, namely its subjective side, is the motives and purpose of a person's actions. The closest (immediate) goal is to avoid detecting, to ensure the security of their stay in an organized criminal group or criminal organization. The final goal is to prevent and detect criminally illegal activity of an organized group or criminal organization. The article considers the concepts of "detection of criminal offenses" and "prevention of criminal offenses". On the basis of researches of modern works which are devoted to the given subject the author's definitions of these terms are given. It is also given the author's wording of part 2 of Art. 43 of the Criminal Code of Ukraine, which determines the conditions of criminal responsibility of persons performing a special task.

Conclusions. The article makes scientifically substantiated conclusions and provides author's recommendations for improving the current legislation on criminal responsibility, in particular, clearly defines exceeding the limits in this circumstance, which can only be murder or grievous bodily harm; the author's definition of the concept "disclosure of criminally illegal activity" is given; indicated that in criminal offenses committed by persons performing a special task, motive and purpose are mandatory features of the subjective side.