OBJECT OF HOOLIGANISM RELATED TO RESISTANCE TO AUTHORITIES OR PUBLIC REPRESENTATIVES CARRYING OUT OFFICIAL DUTIES OF PUBLIC ORDER MAINTENANCE, OR TO OTHER CITIZENS STOPPING HOOLIGANISM

Abstract

In the article based on the study of the principles and grounds of criminalization of the offense under part 3 of art. 296 of the Criminal Code of Ukraine the author has made the conclusion of the correctness of the legislator’s decision and the scientists’ premature assertion to exclude this type especially qualified hooliganism. The recognition of qualified hooliganism actions related to resistance to authorities or member of the public who performs duties of public order is the fact that started in Soviet criminal law. It should be noted that it was from 06/08/1927 the All-Ukrainian Central Executive Committee had approved by the Decree the second Criminal Codein which the hooliganism (art. 70) was considered to be crimes against public order (chapter II). With the art. 70 of the CC it was established responsibility "for the actions if they stubbornly did not stop despite warnings bodies that protect public order, or of its content were more exceptional cynicism and arrogance of ...". (As amended by Decree of the Presidium of the Supreme Soviet of the Ukrainian Soviet Socialist Republic on November 16, 1940) "We believe at this time they began the protection with the criminal law of one of two social values - public order and the authority of government. During this time hooliganism punishable as criminal acts remain wide-spread socially dangerous crime. Persons who committed this act inherent lack of culture and immorality, arrogance and contempt as any person and to the traditions, customs, morals and the rights that gave rise to aggression, violence and cruelty bully. The rules which for determined liability for hooliganism was the symbiosis signs as administrative offense and punishable criminal act. In the 2001 in the Criminal Code of Ukraine the criminal legal rule (frt. 296) wasfirst formulated with no signs of an administrative offense. In general one should be considered positive theoretical and practical framework that confirmed the need to effectively combat violations of public order, including hooliganism. Proposals of a number of scientists to exclude part of the structure of a qualified hooliganism resistance to authorities or member of public who performed duties of the public order of the current Criminal Code cannot be supported. Principles of criminalization closely related to reasons. Moreover, they are in close relationship – taken separately reason cannot act as the sole prerequisite criminalization of a socially dangerous act without reference to the relevant principles and its opposite. After analyzing the reasons and principles of criminalization of hooliganism including part 3 of art. 296 of the Criminal Code of Ukraine, we have found that most of them are responsible, and therefore believe that criminalizing acts mentioned in 1998 was not only correct, but also necessary. For these circumstances and the fact that hooliganism associated with resistance to authorities or member of the public who carry out their duties to protect public order or other citizens who stop hooliganism violates the large number of constitutional rights and freedoms of Ukrainian citizens, we believe that criminalizing this phenomenon is timely logical and socially conditioned step.