INCITEMENT SUI GENERIS: CONCEPT AND TYPES

Abstract

Objective. The objective of the study is to determine the admissibility and justification of constructing norms on responsibility for incitement, identification of such norms, depending on the specifics of normative design of corpus delicti and the tasks they carry out. Research methods. The research is based on application of general scientific methods and methods of data processing: analysis, synthesis, induction, deduction, analogy, classification. Private-scientific methods used in the study are: logico-legal (dogmatic), historical-legal, comparative-legal, method of document analysis, expert survey. Results of the research. Based on a formal logical analysis of the provisions of the law, with the use of elements of the constitutional examination and the use of the typological method, the article presents a theoretical justification for the admissibility and justification of the construction of norms on responsibility for inciting sui generis, the types of such norms depending on the specifics of the normative construction of crimes and tasks they carry out. In the long-term plan, the most significant problems of judicial practice regarding the application of the norms in question are set, and the solution of these problems can constitute a promising direction for the development of science and legislation. Theoretical/practical significance. The results of the research can be used in law-making activities. Novelty. The article presents a new approach to the construction of norms on liability for incitement, which can become the basis of a new scientific concept.