Current Issues of Criminal Legal Treatment on Members of Illegal Paramilitary Units
Keywords:
illegal paramilitary unit, relief from criminal responsibility, exclusion on criminal responsibility, mitigation of penalty
Abstract
Current issues of criminal responsibility for creation and participation in illegal paramilitary units are examined. Aspects of criminal legal encouragement of its members in case of positive postcrime behavior are analyzed. It is identified that members of illegal paramilitary units are subject to such types of criminal legal treatment as prosecution, exclusion and relief of criminal responsibility and mitigation of penalty during its prescription. According to the results of the conducted research the proposal is advanced to legalize illegal paramilitary units which act for the benefit and protection of the state and its citizens. Furthermore, improvements must be made concerning the institution of circumstances excluding the criminality of an action for more efficient protection of Ukraine’s sovereignty, territorial integrity and inviolability. Special circumstance was offered for exclusion of the act’s criminality along with special type of relief from criminal responsibility to ensure the individual approach to the responsibility of the units’ members. This is an objective pre-requisite as some people step into the criminal way consciously and other simply try to protect their native country in every possible way. In connection to this members of illegal paramilitary units who commit crimes against the state of Ukraine and its citizens may be relieved from criminal responsibility in case of active collaboration with police in terms of detection, investigation and prevention of these crimes. At the same time members of these units who take socially dangerous actions to protect Ukraine’s sovereignty, territorial integrity and inviolability must not be subjects of criminal responsibility within the scope of circumstances excluding the act’s criminality.Downloads
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How to Cite
[1]
Vozniuk, A. 1. Current Issues of Criminal Legal Treatment on Members of Illegal Paramilitary Units. Law Magazine of the National Academy of Internal Affairs. 10, 2 (1), 40-47.
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Section
Legal regulation of law enforcement
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