Documents in the Criminal Code of Ukraine: Content and Their Relationship

M. I. Fialka

doi:10.32631/v.2020.2.26

M. I. Fialka Kharkiv National University of Internal Affairs

DOI: https://doi.org/10.32631/v.2020.2.26

Keywords: a document, types of documents, the Criminal Code, relationship between the document and its types.

Abstract

The subject matter of the scientific research carried out within the scientific article are documents as features of corpus delicti provided in the criminal legislation of Ukraine. The purpose of this article is to study the problem of the existence of the document, its varieties and their relationship in the structure of the Criminal Code of Ukraine. Achieving this purpose within the study became possible due to the implementation of the relevant tasks, namely: to determine the list of criminal and legal norms, which provide the presence of a document in the form of certain features of corpus delicti; to establish the main content and essence of each type of the document; to establish the relationship of different types of documents in the structure of the Criminal Code of Ukraine.

General scientific methods have been mainly used in the process of scientific research, namely: analysis, generalization, systematic approach and study of documents. This, in turn, provided an opportunity to formulate the novelty of the scientific research, which is to establish the content of the concepts of different types of documents within the Criminal Code of Ukraine and to establish their interdependence.

Based on the study of the essence of the term of the “document” and its varieties, it has been emphasized the presence of certain characteristics, namely: the basic concept is the “document”; each type of document provided in the Criminal Code of Ukraine is used in a specific area of activity of society and the state (financial sphere, sphere of public administration, sphere of state secrets, medical sector, etc.); the content of information or data contained in the document is directly related to the scope of its use; the characteristic functional orientation of the document, as a rule, is directly reflected in its specific title (for example, the financial document is used in the financial sphere).

It has been concluded that the concept of the “document” and its varieties are correlated with each other as general and specific. In this case, the document is understood as a general, and its varieties – as its specific forms.

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Author Biography

M. I. Fialka, Kharkiv National University of Internal Affairs

Candidate (Ph.D.) of Juridical Sciences, Docent.
Department of criminal law and criminology.

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