Implementation Of The Criminal Law Policy In The Sphere Of Responsibility For The Concealment Of A Crime

  • O.M. Smushak
Keywords: involvement to the crime, criminal and law policy, concealment, connivance, non-disclosure, complicity in the crime.


The dissertation is devoted to the problems of forming and realization of today's policy of criminal law in Ukraine.

New theoretical principles are formulated according to the results of the investigation and the essence of certain principles and terms is specified being applicable in science, practice and improving of legislation.

The analysis of the implementation of penal policy in the area of responsibility for involvement in the crime is revealed in the article. Features of criminalization and decriminalization of different Institutes of involvement in crime are specified in particular. The author, considering the legal nature of the Institute of involvement in crime, taking into consideration the research of theory of criminal law, gives his own vision for its interpretation. Criminal liability for involvement in the crime in the penal policy of the state is a means of ensuring the inevitability of punishment and prevention of crime. It serves as a clear design of criminal responsibility. The absence of regulation ensuring of the protection of public relations, benefits and interests of activity that constitute involvement in a crime in the valid legislation on criminal liability, is a gap that needs filling by appropriate legal regulation. The ways of filling given gaps is suggested in the article by the author. Scientifically based offers to ensure proper regulatory settlements of the institution of involvement in crime by making changes and additions to the Criminal Code of Ukraine are worked out.

Debatable issues that arise in determining liability for concealing the crime need more thorough research. As of today hiding Institute aims to promote the prevention of socially dangerous acts expose the perpetrators and identify latent crimes.

The work has applied importance and helps to the sanction of questions of qualification of the crime, competition of norms and restriction of adjacent bodies of crime that is important for correct application of legal standard. The theoretical and practical proposition, conclusions and recommendations contained in the work, are enough reasonably and affirmed by results of the carried out research.