The Concept Of Offences Against Socio-Economic Human Rights Under The Criminal Code Of Ukraine
DOI:
https://doi.org/10.15330/apiclu.59.202-213Keywords:
crime, criminal offence, criminal liability, social human rights, economic human rights, crimes encroaching on socio-economic human rights, concept, legal definition, criminal unlawfulness, public danger, guilt, subject of crimeAbstract
The article is devoted to the study of the concept of crimes which infringe upon socio-economic human rights. It is established that in the theory of criminal law, the relevant crimes are considered dichotomously, taking into account the approaches of scholars to the separate understanding of social human rights and economic human rights. The article establishes that social and economic human rights have many common features which bring these rights closer together and indicate that crimes against socio-economic rights should be considered in a comprehensive manner and together. The common features include, in particular, the possibility for a person to exercise both social and economic rights within the same legal relationship, and consideration of social and economic rights through the prism of the benefit which is obtained by a person as a result of the exercise of socio-economic rights. It is stated that the definition of the concept of ‘crimes against socio-economic human rights’ should be based on both the general definition of the concept of crime provided for in Article 11 of the Criminal Code of Ukraine and the specific features of specific corpus delicti of crimes against socio-economic human rights provided for therein. Given both general and special features, it is proposed that crimes against socio-economic human rights are understood as intentional socially dangerous acts committed by a general or special subject under Section V of the Special Part of the Criminal Code of Ukraine, namely, Articles 170, 172, 173, 174, 175, 176, 177, 183, 184, aimed at violating the order of social relations protected by the State with regard to ensuring criminal law protection of social and economic human rights. They constitute an independent type of crime against electoral, labour and other personal rights and freedoms of a person and citizen, as provided for in Section V of the Special Part of the Criminal Code of Ukraine.
