Title: Orlov Yu
Author: Юрий
Last saved by: User
Company: RePack by SPecialiST

Orlov Y.V. Actus reus illegal destruction of election documents or documents of the referendum 

The article deals with issues relating to the objective of an offense under 
Part 1 Art. 158-2 of the Criminal Code of Ukraine, their significance for the theory of criminal law and qualification of the crime.
Early in his research the author notes that there are common provisions concerning the objective side of the crime and thus indicates that all the structural parts of the offense most of the information necessary for classifying the act as a crime, provides objective side. A clear description of the signs of objective aspects of the crime is an important prerequisite for the rule of law in law enforcement law enforcement since bringing a person to criminal liability is always associated with the establishment of its behavior in specific socially dangerous act referred to in the law (Art. 158- 2 of the Criminal Code of Ukraine).
The author proceeds to review papers devoted actus reus as general theoretical and practical problem at all. The author focuses on the outside of the crime under Art . 158-2 of the Criminal Code of Ukraine, specifying that that is too complex, multidimensional character and has substantial discussion in legal terms the moments that somehow affect the practice of the standard required by this Article and legislative activity and the theory of criminal law.
Thus, in his study author aims to more fully as: a) take into account the positive aspects concerning disclosure signs of actus reus illegal destruction of election documents or documents of the referendum (art. 158-2 of the Criminal Code), they consistently identify and justify; b) using the general concept of the objective side of this crime, to determine the complete set of essential characteristics of the objective of characterizing the outward manifestations investigated act; a) to conduct qualification under Art. 158-2 of the Criminal Code of Ukraine based on the objective side of the crime. The above objectives and directions and positive aspects of the study help to correctly identify the author mandatory signs the objective of illegal destruction of election documents or documents of the referendum are: 1) actions; 2) inaction; 3) the place of the offense; 4) time of the offense, thus indicating that the actus reus illegal destruction of election documents or documents characterized the referendum as active actions and omissions that occur in certain objective conditions in a particular place and at a certain time.
The author goes on to analyze different perspectives on the problem characteristics of the objective side of the crime, while making a conclusion that the actus reus under Part 1 of Art. 158-2 Criminal Code of Ukraine is characterized by action and inaction, place and time of the crime.
       Keywords: objective side, the objective of the signs, actions, omissions time of the offense.