The essence and content of illegal obstruction of the organization or holding meetings, rallies, marches and demonstrations and forensic aspects of its analysis

• Romanov, Maksym ^[1] ; Sergiienko, Nataliia ^[2] ; Yevdokymov, Dmytro ^[3] ; Odnolko, Inna ^[4] ; Panimash, Yuliia ^[5]
  1. [1] Donetsk State University of Internal Affairs (Kropyvnytskyi, Ukraine).
  2. [2] Borys Grinchenko Kyiv University (Kyiv, Ukraine).
  3. [3] National Academy of Internal Affairs (Kyiv, Ukraine).
  4. [4] National Agency of Ukraine for finding, tracing and management of assets derived from corruption and other crimes (Kyiv, Ukraine).
  5. [5] National University of Civil Defense of Ukraine (Ukraine).

  Mostrar afiliaciones +
• Localización: Revista Amazonia Investiga, ISSN-e 2322-6307, Vol. 11, Nº. 56, 2022, págs. 66-72
• Idioma: inglés
• Enlaces
  • Texto completo (pdf)
• Resumen

  • The aim of the article lies in improving the institution of pre-trial investigation in particular and criminal liability for committing illegal obstruction of the organization or holding of meetings, rallies, marches and demonstrations in general. The object of the analysis is the social relations that arise in the process of organizing or holding meetings, rallies, marches and demonstrations by citizens of Ukraine. Methodology. Taking into account the outlined research object, it is considered appropriate to use the following methods: analysis, logical, interpretation, system analyzes, hermeneutic, generalization. Research results. The article, based on the examination of the scientific views and the relevant legal basis, outlines the essence and content of illegal obstruction of the organization or holding of meetings, rallies, marches and demonstrations and the forensic aspects of its analysis. Practical implementation. The content of obstruction is aimed at impossibility of the realization of the relevant rights, which is characterized by the intention, understanding by the person, who does this, all the features of the activity, its focus and anticipation of a positive result. Value/originality. These characteristics are treated as elements of a criminal offence through the prism of provisions and rules of criminal law and play a main or auxiliary role both in the qualification of such an act and during the conduct of a pre-trial investigation depending on objective circumstances and certainty in the legislation of Ukraine.