Object of the Criminal Offense Provided for by Art. 399 of the Criminal Code of Ukraine
Abstract
Abstract. The article is devoted to clarifying the essence of the object of intentional destruction or damage to property belonging to the defender or representative of a person or their close relatives, in connection with activities related to the provision of legal assistance (Article 399 of the Criminal Code of Ukraine (hereinafter – The purpose of the article is the interpretation and definition of the object of the criminal offense provided for in Article 399 of the Criminal Code, as well as the analysis of its mandatory and additional features. The methodological basis of conducting such research in legal science is a set of general scientific and special generally accepted methods of scientific knowledge, as a form of knowledge of legal phenomena. Such methods include dialectical, systemic, formal-legal, induction and deduction, logical analysis and synthesis, generalization method. It was established that the generic object of the analyzed criminal offense is relations in the sphere of justice. It has been proven that the provisions of Art. 2 of the Law of Ukraine "On the Judiciary and the Status of Judges" defines the content of justice as the state activity of courts, the purpose of which is to protect the rights and freedoms of all subjects of society. On the basis of the statement about the basis of the activity of courts in accordance with the principle of the rule of law and its focus on ensuring the rights and freedoms of man and citizen, a conclusion was made about justice as a public good that satisfies the interests of society in the restoration of violated rights and interests protected by law. Doctrinal approaches to understanding the essence of justice are analyzed, on the basis of which it is concluded that justice is the activity of the court to consider and resolve civil, economic, administrative cases and criminal proceedings in the order prescribed by law, and the activity of law enforcement agencies that contribute to the administration of justice by the court and ensure its execution solutions. It was established that the main direct object in Art. 399 of the Criminal Code is the established procedure for the implementation of correct, legally regulated activities aimed at providing legal protection of the rights, freedoms and legitimate interests of individuals and legal entities, as well as the immediate additional health, life, honor and dignity of persons engaged in human rights activities and their close relatives , as well as public order and security. The mechanism of harming social relations, which ensure the established procedure for carrying out correct and legally regulated activities aimed at ensuring legal protection of the rights, freedoms and legitimate interests of individuals and legal entities, is analyzed.
Keywords: criminal offenses against justice; object of criminal offenses; intentional destruction or damage to property; the defender or representative of the person; activities related to the provision of legal assistance.
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