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PROBLEMS OF LEGITIMIZING THE CONCEPTS OF “CRIMINAL INFLUENCE” AND “A PERSON WHO IS IN THE STATUS OF INCREASED CRIMINAL INFLUENCE” IN ARTICLE 255 OF THE CRIMINAL CODE OF UKRAINE

Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 74)

Publication Date:

Authors : ;

Page : 81-87

Keywords : criminal influence; a person who is in the status of a subject of increased criminal influence; transnational crime; criminal liability; criminal activity; criminal offence;

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Abstract

Introduction. In criminal legislation, one of the key components is the definition of concepts that form the basis for legal regulation. However, even with the obvious clarity of the text of the law, there are aspects that require additional clarification and clarification. Among such aspects, it is worth noting the problem of legitimizing the concepts of “criminal influence” and “a person who is in the status of increased criminal influence” in Article 255 of the Criminal Code of Ukraine. It becomes necessary to consider these concepts from the point of view of their interpretation, to identify the problems that arise in the process of their application, and to propose possible ways of solving these problems to ensure greater legal certainty and understanding for all interested parties. Purpose. The purpose of the study is to analyze and identify problems associated with insufficient clarity and specification of the definitions of the concepts of “criminal influence” and “a person who is in the status of a subject of increased criminal influence” in the criminal legislation of Ukraine. Materials and methods. The research materials are: 1) analysis of the regulatory text aimed at understanding and interpreting the definitions contained in Article 255 of the Criminal Code of Ukraine; 2) works of authors conducting scientific and practical research in the field of criminal law. In the process of carrying out the research, the following scientific methods were used: theoretical generalization and grouping (to characterize the components of the text of Article 255 of the Criminal Code of Ukraine in order to identify definitions and their interpretation, as well as to identify possible gaps or ambiguities.); formalization, analysis and synthesis (consideration of theoretical approaches to the definition of the concepts of “criminal influence” and “a person who is in the status of increased criminal influence” in the context of criminal law and their place in the general legal system); logical generalization of results (formulation of conclusions). Results. The scientific article examines the problems of legitimizing the concepts of “criminal influence” and “a person who is in the status of increased criminal influence”. The analysis of Article 255 of the Criminal Code of Ukraine showed that the terminology used in it is not specific and clear enough, which can lead to different interpretations and application in practice. In addition, the lack of legal unity in the understanding of these concepts can cause differences in court decisions.

Last modified: 2024-12-17 22:30:19