CURRENT ISSUES OF INDIRECT COMMISSION OF THE CRIME

Abstract

In the article there is the analysis of the history of the definition of indirect commission of the crime in the science and the legislation on criminal responsibility of Ukraine. The author has analyzed peculiarities of criminal liability of persons who used to commit a crime other persons who in compliance with the law is not criminally liable for the committed. She has stated the fallacy of using to define the phenomenon of trafficking of terminology "the contractor (co-executor) of a crime." When it comes to mediocre the Commission of a crime, the person who carries out such attack, is not the executor (co-executor) and the person who is subject to criminal liability (the subject of the crime). To study foreign experience of solving the issue of regulatory consolidation indirect Commission analyzed the relevant articles of the Criminal codes of such countries as Belarus, Germany, Armenia, Kazakhstan, Denmark, Poland, Austria, San Marino, USA, Georgia. There is the suggestion of possible ways of improvement of current legislation of Ukraine on criminal liability with regard to the regulation of indirect Commission of the offence. It makes a conclusion about the reasonability of the normative fixation of actions of the person which was used to commit a crime other persons who in compliance with the law is not criminally liable for the committed, in the framework of an independent criminal-legal Institute – the Institute peeridstring of the crime.