Movchan R. Criminal law novel about justifying the armed aggression of the Russian federation against Ukraine (article 436-2 of the Criminal Code of Ukraine): law enforcement and law-making problems

DOI: 10.33098/2078-6670.2022.13.25.197-204

Purpose.  Critical reflection on the criminal law novel provided for by Art. 436-2 of the Criminal Code of Ukraine, the results of which should be: firstly, recommendations are proposed for resolving those debatable issues, the presence of which can cause the greatest difficulties in the law enforcement process; secondly, the shortcomings inherent in the analyzed norm were identified and proposals were made for their elimination. To achieve the declared goals, a methodology was chosen, the tools of which made it possible to objectively investigate the decision of the legislator under consideration. Philosophical, general scientific and specifically scientific methods were used to cover the relevant issues. In particular, the method of system-structural analysis was used both in the study of the links of the criminal law prohibition under consideration with the legal system of Ukraine as a whole, and with other norms and institutions of the General and Special Parts of the Criminal Code of Ukraine. The author used the formal-logical (dogmatic) method in interpreting the relevant norms of the Criminal Code of Ukraine. Based on the results of writing the article, recommendations were formulated aimed at improving the criminal legislation and optimizing law enforcement practice. The scientific novelty lies in the fact that the study made it possible to formulate specific recommendations for resolving conflicts between Part 1 of Art. 111-1 and Art. 436-2 of the Criminal Code of Ukraine, as well as for the first time to voice proposals to improve the structure of Art. 436-2 of the Criminal Code of Ukraine. Practical significance. The conclusions and suggestions formulated in the article can be used in rule-making activities to improve the criminal legislation of Ukraine on countering the crimes under study, as well as in research activities and the educational process – as the basis for further scientific research on the problems of criminal liability for the commission of criminal offenses under consideration.

Key words: justification, recognition as lawful, public denial, armed aggression, production, distribution.

References

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