Actual problems of native jurisprudence最新文献

{"title":"VICTIMS OF EXTRAJUDICIAL REPRESSION AND SUBJECTS OF CRIMINAL RESPONSIBILITY FOR COUNTERREVOLUTIONARY CRIMES IN THE TERRITORY OF UKRAINE (1918–1922 AD)","authors":"D. S. Honchar","doi":"10.15421/391903","DOIUrl":"https://doi.org/10.15421/391903","url":null,"abstract":"The article examines the relation between the Bolshevik political doctrine and the activity of the extraordinary commissions in theUkrainian SSR in 1918-1922. The forms and methods of combating counterrevolutionary crimes are shown.\u0000The mechanism of implementation of the “red terror” policy in the context of the struggle with counterrevolution was explored.\u0000The legal basis for the work of extraordinary commissions on repression is analyzed. Compared the legalization of responsibility forcounter-revolutionary crimes and the practice of its application. The article analyzes the class affiliation, the social status of victims ofextrajudicial repressions by extraordinary commissions.\u0000Compares the experience of the Jacobin terror during the French Revolution and the Bolshevik “red terror” policy. The author presentsstatistical data on the number of victims of repression, their social status, class membership both during the Jacobin dictatorshipin France and during the implementation of the “red terror” policy in Ukraine.\u0000The author mentions information from archival sources about the activities of extraordinary commissions and their repression.\u0000The normative basis of the policy of “red terror”, a special legislation that was active in this field is explored. The author in the articlepresents assessments of the activities of the Bolshevik bodies of state security in Ukraine from the side of real eyewitnesses, participantsin those events, party figures, and publicists of those times.\u0000The provisions of secret documents that aimed at manually managing the policy of “red terror” were set forth. The author presentsa series of statistical data on the performance of state security bodies in Ukraine. The genesis of the development of criminal-law policyin the field of struggle with counterrevolutionary crimes was explored.\u0000The article analyzes the provisions of the Criminal Code of the USSR in 1922, which concern the establishment of criminal responsibilityfor counter-revolutionary crimes. Significant differences of the current criminal law in the field of crimes against the nationalsecurity of Ukraine and the Bolshevik criminal legislation regarding the fight against state crimes were revealed.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"68 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131375959","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"BRIBERY AS A WAY OF SPECIAL INCITEMENT TO TRAFFICKING","authors":"V. V. Berezner","doi":"10.15421/391941","DOIUrl":"https://doi.org/10.15421/391941","url":null,"abstract":"The article analyzes the novelties proposed by the domestic legislator concerning ways of committing such an offense as human trafficking. It is concluded that there are certain contradictions in the design provided for in Part 1 of Art. 149 of the Criminal Code of Ukraine, stipulated by the mechanical combination of national and international representations about the essence of this crime.\u0000In particular, it is noted that, unlike national criminal law, international legal acts consider this concept as a civil law category, defining it in accordance with the content of the contract of sale, and position the trafficking of human beings as a combination of mandatory elements, which includes the act, the ways of its commission and the purpose of exploitation of a person. Therefore, on the one hand, the transfer- receipt of a person, including for monetary compensation, cannot be considered as trafficking in persons, if they are not carried out in the indicated ways and do not pursue the purpose of exploitation, and on the other - preservation in the disposition of Part 1 of Art. 149 of the Criminal Code of Ukraine, trafficking in human beings, as an independent form of the objective aspect of thiscrime, leads to the double criminalization of the transfer-receipt of a person, since any sale or purchase without this is impossible. In this regard, the disposition of Part 1 of Art. 149 to be described as descriptive of the definition of trafficking in persons as the recruitment, transfer, harboring, transfer or receipt of a person for the purpose of exploitation that occurs through the use of violence which is not dangerous to the life or health of the victim or his relatives or the threat of the use of such violence, deception, blackmail, material or other dependence of the victim, his vulnerable state, or the bribery of a third person who controls the victim.\u0000The criminal nature of the bribing of a third person who controls the victim is determined for obtaining an agreement on its exploitation. It is argued that the bribery of a third person is connected with the transfer of a person, in particular, with its component, such as providing another person with control over the victim and is not a way of committing this act, but a kind of special incitement to it. There is justification for recognizing the subject of the bribe of a third person who controls the victim, the perpetrator of the crime provided for in Part 1 of Art. 149 of the Criminal Code of Ukraine.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"128 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114425813","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"NAMED AND UNNAMED KINDS OF PERSONAL ENSURING","authors":"L. Shymon","doi":"10.15421/391914","DOIUrl":"https://doi.org/10.15421/391914","url":null,"abstract":"The article deals with the named and unnamed special kinds of enforcement of the obligation. Special kinds of the fulfillment of an obligation ensuring are proposed to be considered as a means of protecting the rights of the creditor in contractual obligations, where the fulfillment of obligations caused by the debtor is due to the fulfillment of the obligation of the third (other than the debtor) of the surety, guarantor, joint or subsidiary debtor, insurer.\u0000Among the named kinds of securing the fulfillment of the obligation is investigated surety and warranty.\u0000Surety as a special kind of ensuring the fulfillment of the obligation means that in the event of a debtor breaking the obligation\u0000secured by it, the creditor’s property interests are met by a third party – guarantor.\u0000Surety arises exclusively on the basis of the concluded contract on surety. A surety contract may be concluded not only between the creditor and the surety, but also as a tripartite agreement between the creditor, the debtor and the surety, for example, when a surety contract is concluded as one of the part of the main contract. A surety agreement gives the right to thecreditor in the event of breach of a secured obligation to require the guarantor to fulfill the obligation incurred by the debtor.\u0000The surety is liable to the creditor so as a debtor, including the payment of principal debt, interests, penalty, damages, that is, he bears full responsibility for the debtor. As a rule, the surety and the debtor act as solidary debtors.\u0000The guarantee, as personal kind of ensuring the fulfillment of the obligation, protects the violated rights of the creditor by the way of enforcing the guarantor to bear responsibility for breaching the obligation by the debtor. Under guarantee, a bank, another financial institution, an insurance organization (guarantor) guarantees to the creditor (beneficiary) the fulfillment of the debtor (principal) of his\u0000duty. The guarantor independently is responsible to the creditor for violation of the obligation by the debtor. He is not a solidary debtor.\u0000The article considers the possibility of recognizing insurance as one of the unnamed to the research of insurance financial risks and insurance. Оf responsibility of the personal kinds of enforcement of the obligation fulfillment. This problem is given special attention.\u0000The author also proposes to refer to the unnamed types of enforcement of the obligation fulfillment the following: factoring – financing in the case of the right deviation to money claim, which legal structure has found its securing in Article 1077 of the Civil Code of Ukraine.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"63 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125948815","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"COURT DEBATES AT COMMERCIAL COURT PROCEEDINGS","authors":"N. Petrenko","doi":"10.15421/391916","DOIUrl":"https://doi.org/10.15421/391916","url":null,"abstract":"The article researches the innovations of commercial court proceedings, and namely the Court debates. The participants of a case (Plaintiff, Defendant, their representatives and the third parties) give speeches at the end of a Court session. The Court debates are the final stage of the court proceedings and precede a Court decree of a case.\u0000The court debates imply a court speech and the replies of the parties. This innovation incidental to general court proceedings.\u0000The court debates are not practiced while summary jurisdiction. A court speech during the debates is a right and not an obligation of the Parties. In addition to that, non-practicing the court debates will not lead to court decree repeal of a case based on infringement of the rules of law.\u0000But the research institute should not be underestimated, because only the court debates make it possible for the parties to prove their position based on the factual background of a case, the evidences gained at the prior stage and the legal foundation. Due to the fact that the debates are the innovation of the commercial court proceedings; they are to be scientifically researched in detail, their meaning, content and elements are to be determined. Simultaneously the research procedure reveals some shortcomings.\u0000Thus the Rules of the Economic Procedure of Ukraine do not determine a distinct succession of the participants’ appearance in Court debates of a Court of original jurisdiction, and namely a succession of the participants’ appearance in Court should be determined by a Court. At the same time a lawmaker determines such succession during the court proceedings of a Court of appeal which complies with a sequence of the participants’ and their representatives’ speeches during appeal proceedings.\u0000Thus, it is worth determining an imperative succession of the parties’ speeches in Court of original jurisdiction. It is also worth saying that the court debates provide execution of two main foundations of the commercial court proceedings, that is a principle of competitiveness of the parties and court decree validity.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125063628","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"TYPES OF FORM OF PUBLIC ADMINISTRATION: UPDATING DOCTRINAL APPROACHES","authors":"V. Bila","doi":"10.15421/391924","DOIUrl":"https://doi.org/10.15421/391924","url":null,"abstract":"The article poses the question of updating approaches to types of forms of public administration.\u0000Therelationship between legal\u0000and organizational forms of public administration is established. The latter term is proposed to use insteadof the commonly used phrase \"unlawful forms of public administration\", which is used to denote those external manifestations of the activity of public administration bodies, which does not entail a direct legal consequence. The critique of the term \"illegal forms of public administration\" has been supported. It is stated that the perception of organizational forms as not causing legal consequences does not fully reflect the legal validity. Separate organizational forms are defined by law as the solepossible for the adoption of certain types of administrative decisions by collegiate bodies of public administration, and their non-compliance leads to the nullity of further legal form. The given group of forms of activity of the public administration has a special legal nature and significance for objectification of the legal activity\u0000of the subjects of public administration, in connection with which such a group is proposed to be terminated as \"structural forms of public administration\". The given justifications of the relevant term are presented as debatable. It was emphasized that the failure of organizational forms to cause legal consequences in the field of public administration does not in any way deprive their properties of causing legal consequences in the private legal relations. It is noted that public administration can act in public-law and private law forms, and forms of public administration are only a part of public-law forms, which include other types of legal forms, the use of which is provided for by the rules of the current legislation. It was concluded that public administration as a concept of functioning of\u0000executive bodies, local self-government bodies and their relations with civil society significantly changed the interrelationships of legal and organizational forms of public administration and strengthened them to such an extent that it is sometimes impossible to draw a clear line between these types forms.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129279943","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"EFFICIENCY OF ADMINISTRATIVE AND LEGAL PROTECTION: THEORETICAL ASPECTS","authors":"O. Pravotorova","doi":"10.15421/391938","DOIUrl":"https://doi.org/10.15421/391938","url":null,"abstract":"In the article, the key aspects of the effectiveness of administrative and legal protection are researched on the basis of current legislation and opinions on this issue of scholars in the field of administrative law.\u0000The author notes that administrative-legal protection is an institution of administrative law consisting of uniform rules of administrative law whose legal effect is directed at the prevention of offenses (crime prevention) and the restoration of violated rights, freedoms and legal interests of individuals and juridical persons carried out for using administrative tools – forms of administrative activity of public administration, administrative coercion and administrative enforcement.\u0000The steady development of social relations in administrative law, the improvement of modern technologies, as well as the formation of an information society, could not but affect the state of efficiency of modern administrative and legal protection. The author states that the effectiveness of administrative and legal protection is an integral part of the theory and practice of such protection. Effectiveness of administrative and legal protection is the ability of public administration based on the norms of administrative law to qualitatively and timely restore violated rights, freedoms and legitimate interests of non-authorized individuals and legal entities, public interest of the state and society.\u0000Four levels of effectiveness of administrative and legal protection have been formed: sufficient, when the tasks of the public administration in restoration of violated rights of non-authorized persons are generally fulfilled in the normative-legal acts; insufficient, characterized by frequent cases of non-renewal of violated rights and freedoms of man and citizen, but not characterized by systematic;\u0000crisis, when there are systematic violations of rights, freedoms and legitimate interests of individuals and legal entities, they do not receive from the state through the indirect activity of the public administration of protection, and dissatisfaction of citizens acquires a significant social weighty protest; is ineffective when the violated rights and freedoms and legitimate interests of individuals and legal entities are practically not restored, and the law-enforcement system is full of corruption, while the norms of administrative-legal protection change their humane and fair essence and themselves become factors of the destabilization of social relations.\u0000It is concluded that administrative-legal protection exists through a system of administrative-legal norms, and at the same time it is proved that it can not, from the point of view of epistemology of law, exist in such narrow limits as the state determines, it reflects objective social relations, protects the most\u0000important values, Which during this period of time may not yet find the formal registration in the sources of administrative law, is provided on the basis of administrative law and simultan","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115304311","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"MANAGEMENT DECISIONS AND FACTORS THAT INFLUENCE THE PROCESS OF ITS ADOPTION AND IMPLEMENTATION","authors":"M. S. Briukhovetska","doi":"10.15421/391901","DOIUrl":"https://doi.org/10.15421/391901","url":null,"abstract":"The study evaluated the decision-making processes and determined that the factors that influence the administrative decision-making processes can be divided into рersonal and material aspects. The main purpose of the article was to identify ways to improve the decision-making process by identifying the factors that influence it. It is found that the concept of \"underfunding\" is relative. Management decisions are not attributed to the category of expenditures. They are unrelated to the purchase of technology and new equipment. The main factor, however, is the organizational culture and the management system. After all, knowledge in the field of management and administration, appropriate training and development of innovations in the field of management is important for most managers. It is emphasized that an important element of decision making is to ensure that it is properly substantiated. It should properly inform those who are interested in its adoption. The decision should outline the key aspects under consideration and the underlying considerations. It should contain a detailed statement of all the essential issues. The basic prerequisites for making an effective management decision are identified: they must make a clear strategy, resource allocation and risk identification; the ideas put forward by decision makers should be taken into account; the decision-making procedure must be fast in order not to lose its relevance; the decision should not contradict the decisions of other management structures, as there must be consistency between them for the implementation of the functions entrusted to the institution. It is proved that several steps are needed to make a decision: first, to identify the problem to be solved and the goals to be achieved, secondly, to identify the alternatives that lead to the proposed goals, and to evaluate whether the alternatives meet the expected the result, thirdly, to take all necessary measures to implement the solution. It is concluded that an effective managerial decision must be pragmatic, since it is an important step in its implementation. If the solution does not translate into work and a concrete result, it is not the decision, it is the intention.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123765185","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"SECURITY OF SPACE INFRASTRUCTURE AS A COURSE OF THE STATE INFRASTRUCTURE POLICY OF UKRAINE","authors":"H. Zubko","doi":"10.15421/391931","DOIUrl":"https://doi.org/10.15421/391931","url":null,"abstract":"The article forms a scientific argument regarding the allocation of a particular type of infrastructure – space infrastructure. The justification about the need to develop relevant directions of the state infrastructure policy is presented. The foreign experience of forming a state policy on the protection of space infrastructural facilities is analysed.\u0000The organic connection between the effective protection of space infrastructure and the functioning of the infrastructure system in the other four spaces is proved. The militarization of space infrastructure is argued. Proposals on improving the legislation of Ukraine regulating relations in the field of infrastructure are made. The need to create infrastructure legislation is demonstrated. The necessity\u0000of consolidation of such kind of infrastructure as space infrastructure at the level of legislation is substantiated.\u0000Threats to the national security of Ukraine in the area of critical infrastructure are identified. It is emphasized that the efficient functioning of space infrastructure will be a guarantee of the effectiveness of the infrastructure system in general in all dimensions: land, air, water, cyberspace, and space. The conclusion is substantiated that Ukraine should develop space infrastructure, launch its satellites\u0000into orbit, and create a powerful space infrastructure. Noted that in order to achieve the set goal and tasks, it is necessary to develop appropriate directions of the state policy in this field and adequate directions of their administrative and legal support.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114394636","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"PROPORTIONALITY AS A STATUTORY “FILTER” FOR USING THE RESOURCE OF LIFESTYLE MONITORING","authors":"T. Kolomoiets, S. Kushnir","doi":"10.15421/391933","DOIUrl":"https://doi.org/10.15421/391933","url":null,"abstract":"ubstantiation of the expediency of considering the resource of monitoring of lifestyle as an anticorruption means in the aspect of compliance with the requirements of proportionality in establishing its foundations in the legislation and its application in practice.\u0000The author notes that monitoring the way of life of a person authorized to perform state or local government functions is a “innovation” for domestic rule-making and law enforcement, which also determines the need for analysis and borrowing of relevant foreign experience, tested by time and practice and adapted to national needs of state-building and law making.\u0000The normalization of proportionality as a “filter” of using the resource of this medium allows for a “fair balance” of public and private interests, the impossibility of using the benefits of the public service for individuals to realize and protect their called interests or interests of their families and, at the same time, “arbitrary interference with the private autonomy” of these people.\u0000Proposed consideration of proportionality in the broad sense, with an emphasis on the resource of all three of its “basic” elements, among which: admissibility (legality, legitimacy, legitimate purpose, legal certainty), necessity (minimization of “interference in the called autonomy” of a person, advantage of less intrusive funds), a fair balance of public and private interests (the minimum negative result for the person and the positive result for the public interest, compensation for the harm done, the appeal of NSC acts, the elimination of the prerequisites for achievement of the result at any cost and impossibility to restrict the rights of individuals).\u0000Based on the analysis of the current legislation that defines the principles of monitoring lifestyle, the“defect” of using the resource of legal certainty and necessity, which in general affects the “filtering” of the resource of this anticorruption tool, creates the preconditions for the manifestation of the subjective resource in the interpretation and application of the relevant provisions of the law.\u0000In order to eliminate these gaps and to ensure maximum use of the resource of the “integrated model” of lifestyle monitoring (it is noted that there are several models of this anti-corruption tool – “desk research”, “field research”, “a mix of these two types, or a complex model”) , which was chosen by the domestic legislator, it is expedient to adjust the content of the current domestic legislation, which\u0000determines the bases of using the resource of the corresponding anticorruption means.\u0000In particular, it is proposed to consolidate the definition of “monitoring lifestyle”, “private life of a person”, to elaborate provisions on “monitoring selectivity”, “balance of the called and public interests”, “excessive interference”, to agree provisions of legislation on\u0000the definition of the legal status of the NSC and the scope of authority for the implementation of this body of its functio","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132023960","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"CLASSIFICATION OF CRIME OBJECTS IN THE CONCEPTUAL POSITIONS OF THE THEORY OF STATE AND LAW","authors":"O. Panchenko","doi":"10.15421/391905","DOIUrl":"https://doi.org/10.15421/391905","url":null,"abstract":"The article examines the specifics of the philosophical and legal classification of crime in the conceptual positions of the theory of state and law. The categorical classification of the objects of the crime system as structured vertically and structured horizontally, which allowed distribution of crimes directly, kind, generic, general, was analyzed. It is shown that the general object of the crime is\u0000traditionally in the conceptual positions of the theory of state and law called the whole set of social relations, which are protected by criminal law.\u0000The generic object of the crime is a certain circle of homogeneous economic, social, political content of social relations, which, for some reason, should be protected by a single set of legal norms. It is made general that the specific object of a crime is a set of social relations within the generic object, which reflect the same interest of the participants in such relations or express though the nonidentical,\u0000but closely interrelated interests.\u0000The direct object of the crime is those specifically social relations, set by the legislator under the protection of a certain legal norm.\u0000It is shown that structured horizontal objects of crime are distributed directly to the main and directly additional. It is traced that under the direct object of the crime is understood those social relations, the violation of which is the social content of the crime and for the protection of which there is a legal norm, which implies responsibility for the commission of the crime.\u0000Under the direct additional object of the crime are those social relations, the encroachment on which does not constitute the content of the crime, but the commission of such a crime is always caused damage. It is concluded that the study of the concept of crime within the conceptual concepts of the theory of state and law is justified by the subject of its study. The fundamental questions in this context arose the problem of what exactly is the legal facts, which, depending on the result, can be classified categorically into legal,\u0000lawful, and law-stopping. It is proved that the most important is the distribution of legal facts by their individual connection with the participants in the legal relationship. Thus, according to the categorical regularity of concepts of the theory of state and law, wrongful actions are divided, first, into offenses, that is, crimes and misdemeanors; and secondly, on objectively unlawful acts.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"114 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122028823","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}