Resistance to Representative Authorities or Other Authorized PersonsiIn The History of Criminal Law of Ukraine

Abstract

The article is devoted to the study of the issue of historical development criminal liability for resistance to a representative of the authorities or another to an authorized person on the example of Art. 342 of the Criminal Code of Ukraine, a as well as an understanding of theoretical and practical problems related to it installation The impossibility and inadmissibility of ignoring was established own historical experience of law-making activity.
It has been proven that criminal liability for resistance against a representative authority or other authorized person was not foreseen, starting from the effective time criminal legislation of Kyivan Rus and lands that were formed after feudal fragmentation, legislation during the existence of the Galician of the Volyn Principality, the Lithuanian-Russian State and during their stay of Ukraine under the rule of the Polish-Lithuanian Commonwealth, during the period of the Cossack state and during the stay of Ukraine as part of the Austro-Hungarian Empire. It is argued that in in the middle of the 19th century in the structure of the Provisions on criminal and correctional punishments.
In 1845, criminal liability for resisting a representative appeared for the first time authority or other authorized person. The presence of responsibility for resisting the representative of the authorities or another authorized person in the normative legal acts of the Ukrainian of an independent state, the legislation of the Ukrainian SSR and independent Ukraine to adoption of a new CC. These actions were foreseen in all current Criminal Laws codes in the forms of coercion, resistance, combined with murder representative of the authorities or inflicting serious bodily harm on him.
Attention is focused on the differentiation of responsibility in Criminal the Code of Ukraine of 1960 regarding various victims: a representative of the authorities or a representative of the public who protects public order, an employee militia, national militia or military serviceman when executed by them duties to protect public order. It was concluded that modern criminal legislation is characterized by the presence of art. 342 of the Criminal Code, which provides for liability for resistance to a representative of the authorities or another authorized person in Ukraine. Next to this, the active development of a new CC, which will be implemented, continues the best assets of the modern science of criminal law.