ISSN 2413-5372, Certificate of state re-registration of КВ №25381-15321 ПР dated 01.07.2023.

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SCIENTIFIC - PRACTICAL JOURNAL "HERALD OF CRIMINAL JUSTICE"

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Object of crime under art. 336 of the Criminal Сode of Ukraine

Pages: 147-152
Year: 2016
Location: Pravova Ednist Ltd

Review

In the article based on the study of doctrinal sources the author has analyzed current concepts of object of crime in criminal law and has defined the object of the crime under art. 336 of the Criminal Code of Ukraine.

Thus, she has stated that as for today all scientific debates taking place on the recognition or non-recognition of the object of the crime as a social relation, the object of evasion of mobilization has been studied for this position. Moreover, regarding the factual absence of research in this field of law enforcement by 2014 it was difficult to determine the object of the analyzed crime even for the information available in scientific comments of the Criminal Code of Ukraine and textbooks on criminal law.

The author has proved that based on the legal definition of what constitutes "mobilization", which is the key to the analyzed crime it should talk about the broad and narrow definition of the direct object of the crime under art. 336 of the Criminal Code of Ukraine.

The object of evasion of mobilization in the broad sense of social relations in the planned transfer of the national economy, of public authorities’ activities, other government agencies, local governments, enterprises, institutions and organizations functioning in a particular period, and the Armed Forces of Ukraine and other military formations, operational-rescue service of civil protection for organization and staffing of wartime.

The object of evasion of mobilization in the narrow sense is established by laws and other rules the order to maintain combat and mobilization readiness of the Armed Forces of Ukraine and other military formations of Ukraine at a level that ensures adequate response to threats to national security.

Keywords: crime, corpus delicti, object of crime, public relations, defense capability, conscription, mobilization, protection of the country, evasion of mobilization. 

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