GENERAL OBJECT FOR ATTEMPT ON A COUNSEL FOR THE DEFENSE OR REPRESENTATIVE OF THE PERSON

Abstract

The article examines the features of the generic object of criminal offenses provided for by Articles 398, 400 of the Criminal Code of Ukraine. In particular, it is noted that there is a constant connection between the object of a crime and a criminal act: as long as there is no crime, there is no criminal action – there is no object of a crime, a crime is committed – the object of this crime appears. Thus, the object of the crime is social relations protected by the Criminal Code of Ukraine, which are encroached on by a criminal act. The definition of a generic (group) object of a crime is given. It is noted that the concept of "justice" as a generic object of criminal offenses provided for in Section XVIII of the Special Part of the Criminal Code of Ukraine exists in a broad and narrow sense. It is noted that the theoretical provisions substantiating that justice is carried out only by the court does not correspond to the essence of this concept and phenomenon. The subjects of justice are the system of state bodies and officials. The generic object of criminal offenses provided for in Section XVIII of the Special Part of the Criminal Code of Ukraine is reduced to justice in the narrow sense of the word, such a generic object is social relations that ensure the normal, correct and legal activity of the bodies of inquiry and pre-trial investigation for a comprehensive and objective investigation of crimes, judicial bodies for the correct resolution of civil, criminal, economic, administrative cases, as well as cases of administrative offenses, criminal executive bodies in matters of proper execution of court decisions. The generic object of crimes of Section XVIII of the Special Part of the Criminal Code of Ukraine should be understood as public relations that govern the procedure for administering justice established by law, facilitating the implementation of such activities and providing legal assistance. This understanding of the generic object of criminal offenses against justice suggests that the title of Section XVIII of the Special Part of the Criminal Code of Ukraine needs to be clarified. The title of this section should be stated as follows: "Crimes against activities related to the administration of justice or the provision of legal aid."