In the article the questions of characteristic of hooligan acts’ the objective side both crimes and corpora delictorum are examined. In other words, they are considered as specific acts of volitional human behaviour committed in the real world, and as a combination of features, formulated in the relevant articles of the criminal law in their relationship and interdependence. Our research revealed that in the modern literature hooligan acts’ objective side is not the same, but the diversity of statements can be reduced to two main scientific positions. Supporters of the first position argue that hooligan acts’ the objective side is characterized by actions that grossly violate the public order and are special rudeness or exceptional cynicism. According to supporters
of the second position in hooligan acts’ the objective side should include active public actions, specific socially dangerous consequences, causation between actions and criminal consequences, given that the offence is committed by subject in accordance with his views, motives and goals, which are formed on the basis of objective factors. That’s why the goals of the present article are to establish if the positions differ are complement each other and to consider this issue based on an integrated and systematic approach. As a result, both existing in the literature scientific position on hooligan acts’ the objective side don’t contain any conflicting judgments. Their differences are explained by the fact that the researchers have in mind – the crime committed in the reality or an offense stipulated by article of the criminal law. If scientists just mention about the effects that grossly violate the public order and are special rudeness or exceptional cynicism, we mean the element of hooligan acts stipulated by Article 296 of the Criminal Code of Ukraine (2001), because any signs of hooligan acts’ the objective side of corpus delicti is not marked here in contrast to the disposition of Article 206 of the Criminal Code (1960), which stated on two interrelated features of the objective side of corpus delicti: 1) gross violation of public order and 2) expression of obvious disrespect for society. As for the disposition of Article 296 of the Criminal Code of Ukraine (2001), it is the expression of obvious
disrespect for society is a subjective characteristic of corpus delicti in the form of the motive of the crime. If scientists analyze the objective side toward hooligan acts in general and hooliganism in particular, and reveal the relationship of objective and subjective factors, they already mean no offence, but crime committed in the real life, which is always has the interaction of objective and subjective features. This article pays attention to the fact that such feature of hooligan acts as an expression of obvious disrespect for society cannot be attributed only to the objective or subjective sides of the crime, because this element of the hooligan acts is an universal objective-subjective component, which manifests itself in reality both a motive and
a specific action that is obvious to others and to the subject of the crime. It is concluded that the content of hooligan acts both crimes and corpora delictorum are not the same volume. That’s why characteristic of the objective side it is necessary to give a comprehensive manner (in other words, with both positions) or clearly indicate that the researcher has in mind. It is also argued that the entire array of hooligan acts is not limited to those actions that fall under the features of Article 296 of the Criminal Code. So it covers also acts, that stipulated in other articles of the Criminal Code and gross violate of public order, express of obvious disrespect for society and (or) committed an hooligan act.
Keywords: hooligan acts, objective side, offence, corpus delicti