Direct objects of illegal obstruction with the organization or conduct of assemblies, meetings, marches and demonstrations (article 340 of the Criminal Code of Ukraine)

Abstract

The article examines the specifics of the direct objects of the criminal offense provided for in Art. 340 of the Criminal Code of Ukraine “Illegal obstruction with the organization or conduct of assemblies, meetings, marches and demonstrations”.The author adheres to the approach of recognizing social relations as the object of criminal offenses. He does not support the position regarding the optional definition of the object of the criminal offense.It is emphasized that the composition of the criminal offense provided for in Art. 340 of the Criminal Code of Ukraine in the system of the Special Part of the Criminal Code does not correspond to its generic object. It is proposed to place this norm in Chapter V of the Special Part of the legislation on criminal responsibility. Social relations that ensure election, labor and other personal rights and freedoms of a person and a citizen should be recognized as the generic object of these offenses. The right protected by Art. 340 of the Criminal Code of Ukraine is a political right to carry out legal activities of organizing or holding of assemblies, meetings, marches and demonstrations, which is guaranteed by the Constitution of Ukraine.An additional direct object of this criminal offense is also investigated, which, in the opinion of the author, are social relations that arise in connection with the protection of the physical integrity of a person who suffers as a result of the use of physical violence against the victim. Its author’s definition is given.It is proposed to recognize mental violence as a method of committing this criminal offense, which, in turn, gives grounds to recognize social relations that arise in connection with the protection of the mental integrity of a person as an additional optional object. The author’s definition of such an object of a criminal offense is given.It is noted that mental violence is not limited to various threats. It is pointed out that the use of the term “mental violence” allows to take into account other types of mental influences, which can be specific manifestations of this method of committing a criminal offense, which is provided for in Art. 340 of the Criminal Code of Ukraine.