Article | Specifics of the Qualification of Public Calls and Denials as Informational Actions |
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Authors | MYKOLA RUBASHCHENKO |
Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 11 / 2022 |
Pages | 76 - 87 |
Annotation | The article is devoted to the study of the specifics of public calls and denials as informational acts and the specifics of their legal qualification. The structure of calls and denials is analyzed, and their mandatory components are determined. Possible forms of external expression of information actions are highlighted. Publicity is clarified as a sign of calls and denials, its legal definition is criticized. Attention is focused on the correlation between a public call to an action and incitement to a criminal offense. The purpose of the article is to clarify the specifics of public calls and denials in comparison and to formulate recommendations and unambiguous approaches to their qualification. The main results of the research consist in establishing the same informational nature of calls and denials, and on the basis of this in outlining the specifics of their qualification: to ascertain calls and denials it is necessary their mandatory components to establish – information about the actions to which the addressee is called, and incitement (for public calls), indications of facts determined by law and their non-recognition (for denials); conducting a linguistic examination is not mandatory, it is desirable in difficult situations, however, the expert’s opinion is not a legal qualification; the calls can be expressed orally, in writing, as well as through paralinguistic means, among which the context deserves special attention; denials may not be incitement; publicity should be interpreted as the spreading of information to a large number of persons; public call isn`t a type of complicity in a crime. The conclusion formulates the main features of calls and denials as information acts, based on the fact that they both have common and distinctive features. It is stated that the expression of a call to a significant but defined circle of persons should be considered public, and that the call has a different nature from complicity in a crime.
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Keywords | criminal responsibility; public calls; denial crimes; qualification of a crime; collaborationism |
References | Bibliography Authored books 1. Filonenko M, Psykholohiia spilkuvannia: pidruchnyk (Tsentr uchb l-ry 2008) (in Ukrainian). 2. Rubashchenko M, Kryminalna vidpovidalnist za posiahannia na terytorialnu tsilisnist i nedotorkannist Ukrainy (Pravo 2016) (in Ukrainian).
Edited books 3. Dudorov O, ‘Ob’iektyvna storona zlochynu’ v Navrotskyi V (red), Ukrainske kryminalne pravo. Zahalna chastyna: pidruchnyk (Iurinkom Inter 2013) 187 (in Ukrainian).
Dictionaries 4. Velykyi tlumachnyi slovnyk suchasnoi ukrainskoi movy (Busel V uklad i holov red, Perun 2005) (in Ukrainian).
Journal articles 5. Panov M, Kharytonov S, ‘Kryminalne pravoporushennia: poniattia ta yoho vydy’ (2021) 3 Pravo Ukrainy 32 (in Ukrainian). 6. Romantsova Ya, ‘Paralinhvistychni zasoby komunikatsii’ [2021] 47 (2) Naukovyi visnyk Mizhnarodnoho humanitarnoho universytetu. Ser.: Filolohiia 83–4 (in Ukrainian).
Websites 7. Legislation on denial crimes. Transitional Justice and Memory in the EU <http://www. proyectos.cchs.csic.es/transitionaljustice/content/legislation-denial-crimes> (accessed: 05.11.2022).
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