Object of criminal offenses of Chapter XV of the Special part of the Criminal code of Ukraine: the issue of definition

Abstract

The article analyzes the issue of defining a generic object criminal offences, responsibility for the commission of which to be provided in Chapter XV of the Special Part of the Criminal Code of Ukraine «Criminal offenses against the authority of state bodies authorities, local self-government bodies, associations of citizens and criminal offenses against journalists». It is noted that according to the name the generic object of the specified criminal offenses is the following to recognize the body of state authorities, local bodies self-government, association of citizens.
 It was established that there is no unanimity in the definition of the generic object criminal offenses provided for by Chapter XV of the Special Part of the Criminal Code of Ukraine. It is proved that the generic object of the specified criminal offenses in the scientific literature are recognized order management, while scientists recognize it as a structural element of order management authority of state authorities, local authorities self-government and associations of citizens; social relations that provide authority and normal activity of state and local authorities self-government and associations of citizens, as well as protection of professional activity journalists; social relations formed in the sphere of protection of authority and normal activity of state authorities regulated by law, bodies of local self-government, associations of citizens, any others enterprises, institutions, organizations, authorized individuals on the basis implementation of administrative and organizational and economic tasks functions.
 Uncertainty in the relationship between the concepts «authority of bodies» has been proved state authorities, local self-government bodies and citizens’ associations» and «management activity». The meaning of the concept of «authority» is established a mandatory element of power and one of the necessary conditions for implementation authoritative powers. Expressed suggestion about necessity renaming of Chapter XV of the Special Part of the Criminal Code of Ukraine as «Criminal offenses against the authority of state bodies authorities, local self-government bodies, citizens’ associations, criminal offenses against journalists and against the order of public administration».