ON THE SPECIAL VICTIM IN THE CRIMINAL CODE OF UKRAINE

Abstract

The definition of a special victim, which is available in criminal procedural legislation and is usually used in criminal legislation, is given. The expediency of distinguishing the concept of a special victim in the Criminal Code of Ukraine is substantiated. It is shown that sometimes the corresponding concept is indicated in the title of the corresponding article and explained in its disposition. The cases where the characteristics of a special victim are explained in a note to the corresponding article of the Special Part of the Criminal Code of Ukraine are demonstrated. There are cases when the meaning of such a sign is clarified directly by the Supreme Court of Ukraine. It is justified that the subject of the crime must be aware of the content of this feature of the composition of the crime for the correct criminal-legal qualification. Lack of awareness of such a sign is the basis for another criminal-legal assessment of a socially dangerous act. It is noted that sometimes a special victim is mentioned in the strong case. Cases where this feature is explained in banquet dispositions are demonstrated. Sometimes the existing difficulties are connected with the incorrect position of the legislator embodied in other regulatory legal acts. It has been demonstrated that in the current criminal law there is no direct reference to the special victim in other normative legal acts. A conclusion about who exactly can be such a person can be made on the basis of a systematic analysis of the relevant legal norms. It is indicated that the minor or juvenile age of the special victim is one of the means of differentiation. It is well-founded that sometimes a person must reach a certain minimum age in order to be recognized as a special victim, because only in this case can harm be done to the main direct object of the crime. The author's definition of a special victim in criminal law is given.