Criminal Responsibility For Hooliganism

Abstract

Hooliganism is one of the crimes of the current Criminal Code, directed against public order and morality, encroaching on public relations, aimed at protecting mutual respect, honour, dignity, freedom, personal integrity and other values that exist between people in our society. Therefore, the fight against hooliganism has been and remains one of the priority tasks of law enforcement agencies, the effectiveness of which is determined by a number of factors, including the improvement of criminal legislation and the formation of a unified practice of its application. In the context of the above, the theoretical analysis of the signs of the offense of hooliganism deserves special attention, in particular, in theory and practice, issues arise regarding the signs of the offense of hooliganism, the meaningful interpretation of its motives, the definition of hooligan motives and revenge motives arising from personal unfriendly relations, the emergence and manifestation of intent, division and combination of actions related to hooliganism and other crimes. The purpose of the article is to analyze the norm providing for criminal liability for hooliganism, highlighting theoretical and practical issues related to the application of Article 297 of the current Criminal Code and their solution, assessment of the sufficiency of the legal basis for imposing liability on the perpetrators of this crime, and on the basis of this, the improvement of criminal legislation and the formulation of appropriate recommendations. As a result of the legal analysis of the current criminal legislation on criminal liability for hooliganism, this thesis identified objective and subjective signs of the offense of hooliganism and noted the gaps in them. The criteria for delimiting the corpus delicti of the crime of hooliganism from other similar crimes are determined. The need to provide for a new aggravating circumstance as part of the crime of hooliganism has been established. The results of the study of the topic can contribute both to solving the problems of qualifying the offence of hooliganism in law enforcement practice, and to improving the article of criminal law on liability for hooliganism.