Additional Crime Object Stipulated Under Article 255 of the Criminal Code of Ukraine
Abstract
The article deals with research of selection and classification of additional crime objects, their peculiarities and provides detailed analysis of the abovementioned subject. It was identified that the current theoretical background of Ukrainian criminal law offered two approaches to horizontal classification of crime objects: 1) direct main, direct additional and direct optional crime objects; 2) direct main, direct additional mandatory and direct additional optional crime objects. Arguments are provided for the statement that crimes under Article 255 of the Criminal Code of Ukraine always cause a damage or create a threat of such a damage to direct main crime object as well as to the additional one, so it should be considered as mandatory. The last is at the same time the direct main object of the specific crimes committed by the members of criminal organizations.
The main peculiarity of the additional mandatory crime object under Article 255 of the Criminal Code of Ukraine is that it is still has not been specified. It may include direct additional and mandatory crime objects committed by criminal organizations. If the majority of crimes with additional mandatory objects include one or several of these, crimes according to Article 255 of the Criminal Code of Ukraine contain the number of crime objects defined by the articles of the Special Part of the Code (criminal responsibility for creation and participation in criminal organizations’ activities – gangs, terrorist groups, terrorist organizations, illegal paramilitary units etc). At the same time optional objects of crimes committed by members of criminal organizations are additional optional objects of crime according to Article 255 of the Criminal Code of Ukraine.
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