Problems Of Determination Of The Object And Subject Of The Sabotage In Criminal Law Of Ukraine
Some theoretical and practical problems in determining the object and subject of the crime under Art. 113 ofthe Criminal Code of Ukraine are considered.The doctrinal provisions of the theory of criminal law concerning definition of the maintenance of separate signs of structure of this crime are examined. The views of scientists on determining the list of objects of sabotage, as well as their content are analyzed.
Certain problematic aspects, which are further present in the provisions of criminal law in terms of determining the objective features of the crime under Art. 113 of the Criminal Code of Ukraine are defined.
The analysis of common and different characteristics of the specified signs of this crime is carried out.
The main key features of the subject of sabotage and the difference between the composition of this crime and related ones, taking into account the specifics of this feature of the criminal offense are determined.
The relationship of the subject of sabotage with certain forms of the objective side of the crime is characterized.
It is established that the theoretical developments on the definition of the generic object of crimes against the foundations of national security in general and the direct object of sabotage need to be adjusted in view of the Law of Ukraine «On National Security of Ukraine».
It was found that in the theory of criminal law there is no unity in determining the subject of the sabotage, as well as the list of objects / property that may be a feature of the crime.
It is proposed to determine the main direct object of sabotage of social relations that arise in ensuring national security in the field of economic, environmental security, security in the field of national defense, ensuring human, plant or animal potential. Instead, the subject of sabotage includes: 1) objects that have important economic significance; 2) objects of important defensive significance; 3) objects of radioactive contamination; 4) objects of the animal world; 5) objects of the plant world.