THE OBJECTIVE SIDE OF HOLIGANCE: PROBLEMS OF DEFINITION OF SIGNS

Abstract

The article is devoted to the study of the signs of the objective side of the criminal offense under Art. 296 of the Criminal Code of Ukraine. Based on the analysis of legislation and scientific literature, the substantive elements of the definition of "public order" as an object of criminal protection are formulated. Us-ing this interpretation, the fundamental possibility of committing hooliganism both by action and by inac-tion was argued. The authors drew attention to the sign of "brutality" of violation of public order in the commission of hooliganism: given the lack of legal definition, the positions of the scientific community on the interpretation of this element of the objective side of hooliganism were analyzed. As a result, it was con-cluded that under current law, conviction of a person for a criminal offense under Art. 296 of the Criminal Code of Ukraine, is a violation of the principle of the rule of law, because such person is unable to predict the legal consequences of his actions, as he is unable to identify whether his violation of public order is «brutal». Signs of "exceptional cynicism" and " par-ticulary daring " are considered in the context of the Supreme Court's practice using various methods of in-terpreting the law.
Keywords: hooliganism, objective side, public order, particulary daring, exceptional cynicism, resistance to a government official, resistance to a pub-lic representative.