THE RIGHT TO PROTECTION AS THE OBJECT OF CRIMINAL AND LEGAL PROTECTION AND THE OBJECT OF A CRIME (SOME PROBLEMS OF THEORY AND LEGISLATIVE PRACTICE)

Abstract

The right to protection from prosecution as the object of criminal and legal protection and the object of a crime guaranteed in the International Covenant on Civil and Political Rights, the European Convention for the Protection of Human Rights and Fundamental Freedoms and the Constitution of Ukraine has been considered.

The points of view of modern Ukrainian lawyers concerning the understanding of the object of a crime under the Art. 374 of the Criminal Code of Ukraine have been analyzed and systematized. The criminal and legal aspects of justice as the object of crimes have been considered. The nature and degree of social danger of violating the right to protection as a crime against justice has been analyzed. The author through the application of formal and legal, axiological, systemic and structural methods has proved that the right to protection, which according to the Criminal Code of Ukraine is considered as the object of protection of the Section “Crimes against Justice”, must be recognized as one of the human rights guaranteed by the Constitution and international legal acts. It has been concluded that the public danger of violating the right to protection is determined by its ability to cause harm (to create a threat to its infliction) to the conditions of observance of personal human rights and freedoms. The author has formulated a proposition on the expediency of reviewing the location of the norm of the Criminal Code of Ukraine, which criminalizes this act. It has been admitted that it is necessary to move it into a group of norms that protect personal rights and freedoms of a person and citizen (Section V of the Special Part of the Code). Such a decision will ensure a more adequate reflection of the nature of the social danger of the stated encroachment and will in some way contribute to further improvement of the domestic criminal law system, its bringing in line with the Constitution of Ukraine and generally accepted principles and norms of international law.