The Aim of the Extracurricular Military or Armed Units Creation and Participation in its
Abstract
As the title implies the article describes the aim of the extracurricular military and arm units creation and participation in its, which are related to: 1) the establishment of its kind on the basis of the norms interpretation of the Criminal Code of Ukraine, as well as the judicial practice examination; 2) its influence on the cases qualification of the paranoid or armed formations creation not stipulated by law under the Article 260 of the Criminal Code of Ukraine, as well as on the crimes cumulative stipulated by other articles of this Code; 3) the optimal form of its consolidation in the Criminal Code of Ukraine. The paper looks at recent scientific research of T. Bekbotov, S. Biryukov, A Voznyuk, V. Konarev, M. Korzhanskyi, V. Robak, V. Tikhogo, I. Shapkin and other scholars. Methods for analysis, synthesis, comparison, induction, deduction and study of documents are used to describe these problems. According to the results of the study, it has been established that the purpose is not provided by law of an extracurricular military or armed units, based on the literal interpretation of the Article 260 of the Criminal Code of Ukraine, may be different – either criminal (negative) or non-criminal (positive or socially useful). At the same time, to the positive objective criminal-law assessment of an extracurricular military or armed units are approached in a differentiated way is proposed, in particular the establishment of such criminal organizations in order to protect state sovereignty, constitutional order, territorial integrity and inviolability of Ukraine under certain conditions should be recognized as a circumstance that excludes crime, On the basis of the analysis, we determined «an act» as a a special kind of necessary defense.
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