TARGET AND OBJECT OF THE CRIME «MASS RIOTS»

Abstract

The content of article 294 of the Criminal Code of Ukraine indicates its several direct targets of criminal protection and ob-jects of offense for the assault to which also establishes criminal liability in other parts of the articles of the Special Part. This often creates problems regarding the correct classification of the crime "riots", distinguishing it from other crimes that have common features with it, as well as its qualifications necessary for cumulative with other crimes. The legislator did not provide a definition of "riots" that results in uneven interpretation in its enforcement activity and the need for its development of the science of criminal law with further embodiment in the legislation. Social insecurity of mass riots is in violation of public order by lots of people perpetrated on large land area and are accompanied by violence against an unspecified number of persons, arson and other actions stipulated in article 294 of the Criminal Code and their socially dangerous consequences in size are a danger to the public, that is simultaneously impinge on several objects of criminal protection and by public disorder, damage or destruction of property, injury or death of people and other socially dangerous acts and their consequences in general carried out attacks on public safety. Therefore, public safety is the primary direct target of the riots and public order, security of the person's life and health, property, authority, government and other social values, which during the riots caused or threatened harm is their additional alternative direct target of the crime. The object of crime "riots" is a property for which carried out massacre, arson or be destroyed or damaged or seizure on which direct the actions of their members and buildings, of which the capture. Weapons and other objects that were used as weapons during the resistance to the authorities, which stopped the riots are the instruments and means of commission and other crimes aggregate with it. Victims of crimes "riots" may be individuals to whom during mass disturbances directly committed acts of violence, and their relatives, as well as property owners, buildings, businesses, legal entities, the offenses had caused material or moral damage. In view of the perceived it is appropriate to exclude article 294 of the Criminal Code from Chapter XII of the Special Section and stipulate criminal liability for mass riots in the article of the improved wording in Chapter IX "Crimes against public safety."