Suchergebnisse

The purpose of the research was to determine the approaches to understand the emergence of the concept of "usurpation of power". Accordingly, its political and legal nature as a phenomenon is analyzed and the investigation of its influence on the branches of public power is carried out. In addition, the current discussion is examined and the views of some scientists on this issue are criticized and, at the same time, relevant proposals are made. The methodological basis of the research was constituted by the comparative-legal and systemic analysis, the formal-legal method, the hermeneutic method and the methods of analysis and synthesis. As a conclusion it has been established that the development of the rule of law and civil society in Ukraine requires, first of all, ontological integration of the modern and current concept of the rule of law in public institutions and society, along with the observance of legal norms in all spheres of public life and; especially, it demands the prevention of conditions that determine the usurpation of power by civil society, judicial and law enforcement bodies to prevent signs of usurpation of power in public authorities.

Using a combination of scientific methods such as comparative and logical-semantic, the article analyzes one of the objective signs of the composition of a criminal offense, which refers to the attempt on the life of a defense lawyer or representative of a person in connection with activities related to the provision of legal assistance. The point of view of scientists on the view of this problem, which relates not only to the noted crime, but also, to the problems of justice in general, is subject to criticism. Bringing a person to criminal responsibility should always be related to the establishment of a socially dangerous act, specific to the actions of a particular person. Under such conditions, it will allow to comply with the letter of the law and ensure the protection and provision of their constitutional rights and freedoms to every citizen. Everything allows to conclude that, the attempted murder of the indicated persons or their close relatives in connection with the activities related to the provision of legal aid can also be committed, both by action and omission. This crime (in the specified form) refers to the intangible component.