Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Publicación cientíca en formato digital
ISSN-Versión Impresa 0798-1406 / ISSN-Versión on line 2542-3185
Depósito legal pp 197402ZU34
ppi 201502ZU4645
Vol.40 N° 74
2022
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
Cues tio nes Po lí ti cas
La re vis ta Cues tio nes Po lí ti cas, es una pu bli ca cn aus pi cia da por el Ins ti tu to
de Es tu dios Po lí ti cos y De re cho Pú bli co Dr. Hum ber to J. La Ro che” (IEPDP) de la Fa-
cul tad de Cien cias Ju rí di cas y Po ti cas de la Uni ver si dad del Zu lia.
En tre sus ob je ti vos fi gu ran: con tri buir con el pro gre so cien tí fi co de las Cien cias
Hu ma nas y So cia les, a tra vés de la di vul ga ción de los re sul ta dos lo gra dos por sus in ves-
ti ga do res; es ti mu lar la in ves ti ga ción en es tas áreas del sa ber; y pro pi ciar la pre sen ta-
ción, dis cu sión y con fron ta ción de las ideas y avan ces cien tí fi cos con com pro mi so so cial.
Cues tio nes Po lí ti cas apa re ce dos ve ces al o y pu bli ca tra ba jos ori gi na les con
avan ces o re sul ta dos de in ves ti ga ción en las áreas de Cien cia Po lí ti ca y De re cho Pú bli-
co, los cua les son so me ti dos a la con si de ra ción de ár bi tros ca li fi ca dos.
ESTA PU BLI CA CIÓN APA RE CE RE SE ÑA DA, EN TRE OTROS ÍN DI CES, EN
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nes Cien tí fi cas y Tec no ló gi cas Ve ne zo la nas del FO NA CIT, La tin dex.
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M. C
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Co mi Edi tor
Eduviges Morales Villalobos
Fabiola Tavares Duarte
Ma ría Eu ge nia Soto Hernández
Nila Leal González
Carmen Pérez Baralt
Co mi Ase sor
Pedro Bracho Grand
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Joan López Urdaneta y Nil da Ma n
Re vis ta Cues tio nes Po lí ti cas. Av. Gua ji ra. Uni ver si dad del Zu lia. Nú cleo Hu ma nís ti co. Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas. Ins ti tu to de Es tu dios Po lí ti cos y De re cho Pú bli co
Dr. Hum ber to J. La Ro che. Ma ra cai bo, Ve ne zue la. E- mail: cues tio nes po li ti cas@gmail.
com ~ loi chi ri nos por til lo@gmail.com. Te le fax: 58- 0261- 4127018.
Vol. 40, Nº 74 (2022), 804-814
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Recibido el 15/08/22 Aceptado el 03/10/22
Attempt on the life of a defense
attorney or representative of a person in
connection with legal assistance
DOI: https://doi.org/10.46398/cuestpol.4074.44
Petro Vorobey *
Valerii Matviichuk **
Andrii Niebytov ***
Inna Khar ****
Oleksandr Kolb *****
Abstract
Using a combination of scientic methods such as comparative
and logical-semantic, the article analyzes one of the objective
signs of the composition of a criminal oense, which refers to
the attempt on the life of a defense lawyer or representative of
a person in connection with activities related to the provision of
legal assistance. The point of view of scientists on the view of this problem,
which relates not only to the noted crime, but also, to the problems of
justice in general, is subject to criticism. Bringing a person to criminal
responsibility should always be related to the establishment of a socially
dangerous act, specic to the actions of a particular person. Under such
conditions, it will allow to comply with the letter of the law and ensure the
protection and provision of their constitutional rights and freedoms to every
citizen. Everything allows to conclude that, the attempted murder of the
indicated persons or their close relatives in connection with the activities
related to the provision of legal aid can also be committed, both by action
and omission. This crime (in the specied form) refers to the intangible
component.
Keywords: defense counsel; attempt against life; legal aid; criminal law;
purchased law.
* Doctor of Law, Professor, Head of the Department of Criminal Law, Procedure and Criminology of Kyiv
Institute of Intellectual Property and Law of the National University "Odesa Law Academy", Ukraine.
ORCID ID: https://orcid.org/0000-0003-2470-1920
** Doctor of Law, Professor, Professor of the Department of Criminal Law, Procedure and Criminology
of Kyiv Institute of Intellectual Property and Law of the National University "Odesa Law Academy",
Ukraine. ORCID ID: https://orcid.org/0000-0003-3459-0056
*** Doctor of Law, Associate Professor, Head of the Main Department of the National Police in the Kiev
region, Ukraine. ORCID ID: https://orcid.org/0000-0002-8493-3064
**** Candidate of Law, Associate Professor, Head of the Department of Postgraduate and Doctoral Studies
of Kyiv Institute of Intellectual Property and Law of the National University "Odessa Law Academy",
Ukraine. ORCIR ID: https://orcid.org/0000-0002-7676-8273
***** Doctor of Law, Professor, Professor of the Department of Criminology and Penal Enforcement law of
Yaroslav Mudryi National Law University, Ukraine. ORCID ID: https://orcid.org/0000-0003-1792-
4739
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CUESTIONES POLÍTICAS
Vol. 40 Nº 74 (2022): 804-814
Atentado contra la vida de un abogado defensor
o representante de una persona en relación con la
asistencia jurídica
Resumen
Mediante una combinación de métodos cientícos como el comparativo
y el lógico-semántico, el artículo analiza uno de los signos objetivos de
la composición de un tipo penal, que se reere al atentado de la vida de
un abogado defensor o representante de una persona en relación con
actividades relacionadas con la prestación de asistencia jurídica. El punto
de vista de los cientícos sobre la visión de este problema, que se relaciona
no sólo con el delito señalado, sino también, con los problemas de la justicia
en general, es objeto de críticas. Llevar a una persona a la responsabilidad
penal siempre debe estar relacionado con el establecimiento de un acto
socialmente peligroso, especíco en las acciones de una determinada
persona. En tales condiciones, permitirá cumplir con la letra de la
ley y garantizar la protección y provisión de sus derechos y libertades
constitucionales a todo ciudadano. Todo permite concluir que, la tentativa
de asesinato de las personas indicadas o de sus parientes cercanos en
relación con las actividades relacionadas con la prestación de asistencia
jurídica también puede cometerse, tanto por acción como por omisión. Este
delito (en la forma especicada) se reere al componente intangible.
Palabras clave: abogado defensor; atentado contra la vida; asistencia
jurídica; derecho penal; derecho comprado.
Introduction
The legislation on criminal liability is a guarantee of protection of
a person and a citizen from criminal oenses. This becomes especially
relevant under current circumstances threatening the lives and health of
people, the stable functioning of economic mechanisms, and the social
existence of society (Kharytonov et al., 2021). It also applies to the provision
of legal assistance by a defense counsel or representative of the person
in relation to legal assistance related activities. The specied problem is
directly indicated in the program documents of the criminal law policy in
general and legal instruments in particular.
Legislation on criminal responsibility should ght not only crime in
general, but also make a great eort to ensure the rights and freedoms of
every citizen, protect him (her) from criminal attacks. Protecting the life of
the specied persons is of great importance not only in the legal sphere; this
demonstrates that the law on criminal liability protects those, who provide
legal aid and often become victims of criminal oenses.
806 Petro Vorobey, Valerii Matviichuk, Andrii Niebytov, Inna Khar y Oleksandr Kolb
Attempt on the life of a defense attorney or representative of a person in connection with legal assistance
Any violation of the law on criminal liability negatively aects not only
the rights of a person and citizen, but also creates an atmosphere of mistrust
of the law, the search for ways to violate it, a sense of impunity, etc.
Ensuring human rights and legitimate interests permeates all legislation
on criminal responsibility and protection of the life of a defense counsel or
representative of the person in relation to legal assistance related activities
in particular.
Many negative factors (insuciently balanced judicial and law
enforcement system, corruption, socio-economic component, etc.) aect
the implementation of crime ghting tasks. One of the main tasks of the
legislation on criminal liability should be explicit acknowledgement of an
attack on the indicated persons by the victim. Law enforcement and judicial
agencies of the State should be guided in their activities, rst of all, by the
goal of immediate reparation to the victim of the crime. Moral damage
and other costs associated with attack on a defender or representative of
a person should not be overlooked. The main goal of the State in the crime
control and securing constitutional rights and liberties of a person and
citizen can be achieved only under such conditions.
The aim of this Article is the establishment of an exhaustive list of
methods of attack on the life of a defense counsel or representative of the
person in relation to legal assistance related activities.
Solving these important issues will provide for the further maintenance
of law and freedom will raise the authority of judicial and security forces.
1. Methodology
To achieve the set goal and solve the research tasks, the following
general scientic and special scientic methods were used in the research.
Dialectical method was applied for setting the structure of and solving the
problems of the Article.
Dogmatic method helped to examine the views of the scholars on
the objective element of an attack on the life of the persons involving
in providing legal assistance.
Comparative approach was helpful when comparing the opinions of
the scientists on the stated problem.
Logical and semantic made it possible to conduct thorough study of
the corresponding conceptual apparatus.
The method of systematic analysis was used to clarify the internal
structure and place of the crime enshrined by Article 400 of the
Criminal Code of Ukraine.
807
CUESTIONES POLÍTICAS
Vol. 40 Nº 74 (2022): 804-814
With the help of dogmatic method relevant legal instruments
regulating the studied issue were investigated.
Summarization method was applied to draw appropriate
conclusions of the research.
2. Literature Review
There are a signicant number of sometimes contradictory views on the
concept of the objective aspect of the criminal oense provided for in Art.
400 of the Criminal Code of Ukraine in the legal literature. Some authors
note that the objective element of this act lies in the attack on life, which is
recognized as murder or attempted murder of the victim connected with
providing legal assistance (Tiutiuhin and Borysov, 2011; Chuvakov, 2001).
The others insist on the fact that the objective element of this criminal
oense is characterized by attack on life of the specied victim and can be
manifested in: 1) intentional murder; 2) attempted murder (this criminal
oense is considered completed in its rst form from the moment of
the victim’s death; in the second form from the moment of committing
actions constituting an attempt to kill him) (Melnyk and Havroniuk, 2010).
The third claim that the objective element of the attack on life of a defense
counsel or delegate of the person or their close relatives constitute as acts
resulting in the death of these persons (murder) and actions that caused the
possibility of death (attempted murder) (Kuznetsov, 2017). Smikh (2011)
notes that this criminal oense can be committed both by act and omission.
The analysis of the existing views on the concept of the objective element
of the oense provided for in Art. 400 of the abovementioned legal act
testies that Tiutiuhin and Borysov (2011), Chuvakov (2001) rewrite the
provision of the article, noting that this provision is the objective element,
but do not name the mandatory features of this aspect of the criminal
oense. They also mention the moment of completion of this action, but
do not refer to these criminal oences in the form of a description of their
objective element.
Kuznetsov (2017) takes some steps towards describing the mandatory
features of the objective element of this criminal oense, namely, he notes
that it is committed in the form of an action, but does not attempt to
describe its construction.
The description of the objective element of this oense by Smikh (2011)
is more successful. He correctly notes that it can be committed both by act
and omission and certies that this criminal oense is formal and material
one. However, his judgment has certain shortcomings, which we will reveal
in the course of our research.
808
Petro Vorobey, Valerii Matviichuk, Andrii Niebytov, Inna Khar y Oleksandr Kolb
Attempt on the life of a defense attorney or representative of a person in connection with legal assistance
3. Results and Discussion
It is a generally accepted view that objective element of a criminal oense
is the set of signs established by the law on criminal responsibility, which
characterize the external manifestations of criminal oense (Dudorov
and Havroniuk, 2014). External features (signs) of a criminal act are
partially reected in the law. Of all the structural elements of a criminal
oense objective element contains the most information necessary for
the qualication of the act. The common-sense explanation of the signs of
the objective element of the investigated act is an important prerequisite
for compliance with the law in the law enforcement activities of the
corresponding agencies, since accountability of a person is connected with
the establishment of the conduct of a specic socially dangerous criminal
oence, which is referred to in the law.
The signs of the objective aspect of the investigated criminal act are
reproduced in general terms in the Law. Mandatory signs of the objective
element of this criminal oense include act and omission, the consequences
of “murder” and the necessary cause-and-eect relationship the death
of the victim. The moment of completion of the criminal oense in the
case of attempted murder is the commission of an action (act or omission)
aimed at deprivation of life of the defender or representative of the person.
Establishing mandatory features of the objective element of the investigated
criminal oense is not only of scientic, but also practical importance.
It is important to emphasize the fact that criminal responsibility for
attack on the life of a defense counsel or representative of the person in
relation to legal assistance related activities occurs only for the lawful
activities of the specied persons, that is, for those that are performed
according to the enshrined procedure and not by means prohibited by law
(Melnyk and Havroniuk, 2010), i.e., legal activity. This is also conrmed by
scientic sources; in particular, liability under Art. 400 of the Criminal Code
of Ukraine takes place only if the victim’s activity regarding the provision
of legal assistance is carried out when it was legal (Tiutiuhin and Borysov,
2011).
Common to these denitions are: 1) such activity is performed in the
order established by law and not by means (methods) prohibited by law;
2) using a broader scope, namely, any legal measures taken by a defense
counsel or a delegate of a person to protect the rights and interests of persons
on whose behalf or on behalf of whom they act in criminal, administrative,
civil or economic proceedings.
Therefore, legal services activity by the defense counsel or other
person should be understood as any legal measures to protect the rights
and interests of persons on whose behalf or on behalf of whom they act
in criminal, administrative, civil, economic processes that are carried out
809
CUESTIONES POLÍTICAS
Vol. 40 Nº 74 (2022): 804-814
in accordance with the procedure prescribed by law and by means and
methods not prohibited by law.
Art. 400 of the specied should rst of all protect legal activities be the
specied persons, since otherwise it would be contrary to the intention of the
legislator and the fact that advocacy is an independent activity of a lawyer
to grant protection, representation and other kinds of legal support to the
client, then such the activity should not contradict the current legislation.
However, based on the provisions of Art. 45 of the Criminal Procedure
Code (Law of Ukraine No. 4651-VI, 2012) of Ukraine, one should know
that a defender cannot be a lawyer who is not entered in the Unied List of
Lawyers of Ukraine or for whom the Unied Registry of Ukrainian Lawyers
contains information on the suspension or cessation of the right to deal
with legal issues. Therefore, the activity of such a defender will be unlawful
in criminal and administrative proceedings.
According to Art. 47 of the said Code, the defender is obliged to use the
means of protection provided for by this act and other legal instruments
in order to guarantee the rights, liberties and lawful interests of the perp,
convict and to nd out the facts that deny assumption or assertion, reduce
or preclude criminal liability.
Adult close relatives or family members, as well as the representatives
of tutorship and guardianship agencies, establishments and organizations,
in whose care or guardianship a juvenile, incapable or a person with
limited legal capacity resides, may be involved as legal representatives of
the suspect, accused. Such a legal representative enjoys the procedural
rights of the person whose interests he (she) represents, except for those
whose implementation is carried out directly by the suspect, the accused
and cannot be entrusted to the representative. Based on this, his legitimate
activity cannot cover the limits of procedural rights that can be exercised
only by the accused or the suspect.
Based on the provisions of Art. 58 of the Criminal Procedure Code of
Ukraine Code (Law of Ukraine No. 4651-VI, 2012), a victim in criminal
proceedings may be represented by a person who has the right to be a
defender. It should be noted that the representative of the victim enjoys
the procedural rights of the victim, whose interests he (she) represents in
addition to procedural rights, the implementation of which is carried out
directly by the victim and cannot be entrusted to the representative. It
is important to stress on the fact that if the victim is a minor or a person
recognized as legally incapable or partially capable, a legal representative
is also involved in the procedural action along with him (her) such a
representative enjoys the rights of the victim.
On the basis of the above, it can be concluded that the lawful practice
of defense counsel or representative of the person in relation to legal
810
Petro Vorobey, Valerii Matviichuk, Andrii Niebytov, Inna Khar y Oleksandr Kolb
Attempt on the life of a defense attorney or representative of a person in connection with legal assistance
assistance should be understood as duly certied legal measures regarding
protection or representation of a of the rights and interests of persons and
legal bodies, on whose behalf they act before the courts, as well as in other
government agencies, local authorities, with other individuals and legal
persons in accordance with existing legislation.
We emphasize the fact that murder of the indicated persons is considered
the act with a material composition. The act that encroaches on the lives of
the above-mentioned persons is a manifestation of an active inuence on
the victim. It can be in the form of a physical impact on the victim, that
is, a direct physical impact on the human body, which is accompanied by
a violation of the function or anatomical integrity of the vital organs of
the person (for example, inicting blows, gunshot injuries to vital organs,
dropping, holding under water, squeezing the neck, stabbing vital organs,
poisoning) (Matviychuk, 2008).
Physical impact in the act of murder also includes the inuence
through any environmental factors, in particular: 1) eect of low or high
temperatures; 2) eect of electric current; 3) eect of poisoning; 4) eect
of explosives; 5) eect of radioactive materials, etc. An active act in murder
of these victims can occur through physical inuence, for example: 1)
inicting mental trauma on the victim, which, according to the plan of the
perpetrator, leads to death; 2) by means of intimidation, which caused the
death according to the plan of the perpetrator; 3) by providing information
that intends to cause a heart attack; 4) by hypnotic suggestion to cause
death (Matviychuk, 2008).
Instead, committing the murder of a defense counsel or representative
of the person in relation to legal assistance related activities or their close
relatives may also be committed through omission. Taking into account
that omission is a passive element of the act, it should be recognized that
responsibility for the murder of the indicated victims can only be in the
presence of objective and subjective prerequisites, namely: 1) duties
specically assigned to the person to protect life by law, profession, contract;
2) a person has a real possibility to prevent death. That is, it is about the
perpetrator failed to prevent the death of such victims, provided that such
a person was obliged and could have prevented death, but does not do so
(intending to take the life of such a victim).
The examples that clearly conrm that the murder of the indicated
persons or their close relatives through omission are: 1) when a person is a
medical worker, who, in view of the performance of his (her) professional
duties is obliged to provide appropriate medical assistance to the specied
persons, does not provide such assistance intending to cause death to
these victims; 2) when the ocial, who is entrusted with the functions of
activating the relevant mechanisms and signaling systems at railway and
train stations, in sea and river ports, at airelds, having had the intention to
811
CUESTIONES POLÍTICAS
Vol. 40 Nº 74 (2022): 804-814
kill the listed victims in these vehicles, did not fulll these duties; 3) when
a teacher or head of a children’s preschool institution, intending to cause
the death to the child (children) of the listed persons, knowing that a child
(children) under the age of 18 has (have) entered the carriageway and may
die, does not take measures to prevent this.
Therefore, biological death of the victim or victims, enshrined in the
disposition of the studied Article of the Law of Ukraine No. 2341-III (2001)
is a mandatory sign of a completed criminal act. From this moment, this
act in the specied form is nished. A person is considered dead from the
moment when the person’s condition is dened as irreversible death, that
is, when the irreversible death of the brain is established (in all other cases,
we can only talk about attempted murder, in the presence of direct intent
to kill the victims).
This form of criminal oence requires a causal link between the actions
of the perpetrator (act or omission) and the consequences (the death of
another person the victim (victims), which occurred. The time of the
victim’s death is not a decisive factor. It is also important to establish
the intent to achieve such a result. It should be noted that the causal link
between these actions and the consequences must be necessary — the death
of the victim is a natural result of the intentional act of the guilty person.
We agree with the opinion that the creation of conditions for the
commission of the murder of the listed persons (nding means, tools,
development of a plan, conspiracy of accomplices, etc.) should be qualied
as the preparation for this criminal oense under Part 1, Art. 14 and Art.
400 of the Criminal Code of Ukraine. When the murder of these persons is
committed by means of torture, then the act should be qualied just under
Art. 400 of the said Code; additional qualication under Art. 127 is not
required.
Art. 400 provides for criminal oenses that are characterized (dier) in
their number (they are not regulated by the General Part of the Criminal
Code of Ukraine, but presented as analyzed in the Special Part of this act
and some other legal instruments). Such a division has an independent
meaning in the criminal defamation legislation, which is why it is subject to
separate consideration on the basis of a corresponding study.
Let us consider the second form of committing criminal oense provided
for in Art. 400 attempted murder of a defense counsel or representative
of the person in relation to legal assistance related activities. We can state
that the specied criminal act can be committed both by act and omission.
This is evidenced by Part 1, Art. 15 of the Criminal Code of Ukraine, which
states that an attempt to commit a crime is the commission of an action (act
or omission) by a person with direct intention, designed to commit criminal
oense provided for by the relevant provision of this Code, if the oense has
not been completed for reasons beyond its control.
812
Petro Vorobey, Valerii Matviichuk, Andrii Niebytov, Inna Khar y Oleksandr Kolb
Attempt on the life of a defense attorney or representative of a person in connection with legal assistance
This criminal oense (in the specied form) refers to the intangible
component. It is a composition in which there is no sign of a socially
dangerous consequence, in our case the death of the victim (or victims),
the list of which is enshrined in Art. 400. Composition of criminal oense
is considered formal, where the public dangerous behaviour of the
perpetrators is fully described. Instead, in our opinion, which follows from
the current legislation, the composition of criminal oense resulting from
the existing legislation, should be considered truncated.
It is important to focus on the fact that the composition of criminal
oenses is divided according to the following characteristics: 1) simple
one; 2) complex one. Simple are those features that are not structured, and
complex ones are those that have a structure. Dicult ones are also divided
according to the following characteristics: 1) alternative; 2) adjacent.
Characteristics of the actions in the two forms of manifestation of the
criminal oence attributes for alternative features as they are structured.
Therefore, one cannot agree with the opinion by Smikh (2011), who
claims that crimes with so-called “truncated components”, including the
component of assaulting the life of a person’s defender or representative or
their close relatives, should be recognized as completed only in those cases
when the criminal oense included the signs of the completed oence, the
description of which is contained in the disposition of the corresponding
article. The author ignores the provisions of criminal legislation, where
there is a description of two components of a criminal oense, namely
murder and attempted murder, which are outlined as signs of completed
components of the criminal oense.
His claim would be correct if the disposition were described as a title
of Art. 400 of the Criminal Code of Ukraine (description of the signs of
the related crime). Therefore, the evidence of attempted murder is not
deduced in the second form second form of manifestation of a criminal
oense beyond the limits of this composition (its manifestation in the
second form); in addition, in the regulation of the named rule we observe
two single criminal oences: 1) murder and 2) attempted murder.
Therefore, the act in the second form of manifestation contains a criminal
oence, which is characterized by the so-called truncated composition of
the act.
Conclusions
Having studied the purview of Article 400 of the Criminal Code, we
came to the next conclusions:
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CUESTIONES POLÍTICAS
Vol. 40 Nº 74 (2022): 804-814
1. the objective element of the criminal oense based on the signs of
murder of defense counsel or representative of the person in relation
to legal assistance related activities is characterized by the following
mandatory characteristics of the objective party as an action (act
or omission), the consequence of which is the death of the person
(persons) due to the necessary link between the action and the
resulting consequences;
2. there are two forms of committing criminal oense under the
specied Article murder and attempted murder of the listed
persons or their close relatives;
3. murder of the indicated persons is considered the act with a
material composition – this oense can be committed both through
act (physical impact on the victim(s)) and omission (the perpetrator
failed to prevent the death of such victims, provided that such a
person was obliged and could have prevented death, but does not
do so).
4. attempted murder of the indicated persons or their close relatives
in connection with activities related to the provision of legal aid can
also be committed both by act and omission. This criminal oense
(in the specied form) refers to the intangible component.
Bibliographic References
CHUVAKOV, Oleh. 2001. Crime against justice. Criminal Code of Ukraine.
Commentary. Odissey. Kharkov, Ukraine.
DUDOROV, Oleksandr; HAVRONIUK, Mykola. 2014. Criminal Law: textbook.
Vaite. Kyiv. Available online. In: https://www.osce.org/les/f/
documents/8/9/358166.pdf. Consultation date: 03/03/2022.
KHARYTONOV, Evhen; KHARYTONOVA, Olena; KOLODIN, Denis;
TKALYCH, Maxym; LARKIN, Mikhail; TOLMACHEVSKA, Yuliia;
ROJAS-BAHAMON, Magda Julissa; ARBELÁEZ-CAMPILLO, Diego
Felipe; PANCHENKO, Olha Ivanivna. 2021. “Distance learning in the
conditions of Covid-19: problems and prospects of their solution” In:
Amazonia Investiga. Vol. 10, No. 48, pp. 157-169.
KUZNETSOV, Aleksandr. 2017. Crimes against management: legal
characterization, classication problems. In: Problems in Russian
legislation. No. 2, pp. 106 – 110.
LAW OF UKRAINE NO. 2341-III. 2001. Criminal Code of Ukraine. Ocial
Web site of the Verkhovna Rada of Ukraine. Available online. In: https://
814
Petro Vorobey, Valerii Matviichuk, Andrii Niebytov, Inna Khar y Oleksandr Kolb
Attempt on the life of a defense attorney or representative of a person in connection with legal assistance
zakon.rada.gov.ua/laws/show/2341-14#Text. Consultation date:
03/03/2022.
LAW OF UKRAINE NO. 4651-VI. 2012. Criminal Procedure Code of Ukraine.
Ocial Web site of the Verkhovna Rada of Ukraine. Available online.
In: https://zakon.rada.gov.ua/laws/show/4651-17#Text. Consultation
date: 03/03/2022.
MATVIYCHUK, Viktor, ed. 2008. Criminal Law of Ukraine. Special Part-
chapter 1, 2: Practicum. KNT. Kyiv, Ukraine.
MELNYK, Mykola; HAVRONIUK, Mykola. 2010. Scientic and practical
commentary on the Criminal Code of Ukraine. Yuridychna dumka. Kyiv,
Ukraine.
SMIKH, Vasyl. 2011. Criminal liability for violation of the person’s right to legal
aid. PhD Dissertation. Lviv State University of Internal Aairs. Lviv,
Ukraine.
TIUTIUHIN, Volodymyr; BORYSOV, Viacheslav. 2011. Crimes against justice:
tutorial. Pravo. Kharkiv, Ukraine.
www.luz.edu.ve
www.serbi.luz.edu.ve
www.produccioncienticaluz.org
Esta revista fue editada en formato digital y publicada
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Universidad del Zulia. Maracaibo-Venezuela
Vol.40 Nº 74