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Abstract
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The article raised the problem of distinguishing crime under paragraph 11 of part 2 of article 115 of the Criminal Code of Ukraine and related crimes and showing its great theoretical and practical importance. It is noted that there was an urgent need to clarify this approach in study this important matter for theory of criminal law.
The main content or research consists of an analysis of delimitation of assassination (paragraph 11 part 2 of Article 115 of the CC of Ukraine), from felonious homicide for selfish ends.
Author tracks the delimitation of such crimes, following the object, the objective side, the subject and the subjective side.
To sum up the practical experience, author provides a generalized description of the crime of an assassination and gives proofs of thought that to establish some law properly, there is a necessity in ability to delimit it from related crimes. Establishing peculiar to crime, provided by paragraph 11 part 2 of Article 112 of the CC of Ukraine, features, it is necessary to exclude those from them, which are not peculiar to it, by means of constant extending of analysis of such principle of law in accordance of investigating the actual state of affairs, concerning the act. Only then it will be possible to come to the copulation of features that will enable to delimit such crime from the related.
In article are also stated the existing positions in scientific circles in relation to delimitation of assassination from the other related crimes.
Keywords: Delimitation of crime; Willful murder, committed on order; Willful murder, committed with mercenary motives; Object; Objective side; Subject; Subjective side |