WAYS TO IMPROVE THE CRIMINAL LAW ASSESSMENT OF CASES OF INCITEMENT TO COMMIT SOCIALLY DANGEROUS ACTS

Abstract

The article considers the issues of improving the criminal-legal assessment of cases of inciting a person to commit various socially dangerous acts. The author examines the problems that arise in this area and suggests possible ways to solve them. The article proposes to supplement the current Criminal Code of Ukraine with a new article that will provide for criminal liability for inciting a person to commit criminal and illegal activities committed in the absence of signs of complicity. As qualifying signs of such a criminal offense, it is necessary to provide for its commission in relation to two or more persons, and also with the use of mass media. The author also proposes: Art. 40 of the Criminal Code of Ukraine to be stated in the following wording: “1. An act or omission of a person who caused harm to lawenforced interests, committed under the direct influence of physical or mental coercion, as a result of which the person could not control his actions, is not a criminal offense. 2. The question of criminal liability of a person for causing harm to law-enforced interests, if this person was subjected to physical or mental coercion, as a result of which he retained the ability to control his actions, shall be resolved in accordance with the provisions of Article 39 of this Code"; the disposition of Part 3 of Article 120 of the Criminal Code of Ukraine shall be set out in the following wording: "The action provided for in Parts One or Two of this Article, if it was committed against a minor, is also the propaganda of suicide" and the article shall be supplemented with a Note, indicating that incitement to suicide means actions to convey to a person information about the necessity or desirability of suicide, and propaganda of suicide means the dissemination in society (including with the use of technical means) of information aimed at inciting an unspecified circle of persons to commit suicide.