Title: Зубець Ю
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Zubez Y. Qualified and especially aggravating circumstances of the offense of failure to provide help to a person who is in a condition dangerous to life
The article studies qualifying and especially aggravating circumstances of the crime failure to help a person who is in a condition dangerous to life. The author examines the current perspective, critically evaluates their offers regarding their developments of declared problem.
For the purpose of the article, is to study qualifying and especially aggravating circumstances of the offense under Art. 136 Criminal Code of Ukraine, at the beginning of the research by characterizes offenses for acts of public danger, they are fixed.
To clarify the objective of these aggravating or particularly aggravating circumstances of the crime, in particular: 1) failure to provide assistance to minors, which is obviously a condition dangerous to life, if possible, to provide such assistance; 2) failure to notify the child's condition appropriately institutions or persons, the author insists on the need to clarify the terminology used in the disposition of lawmakers p. 2, Art. 136 of the Criminal Code of Ukraine and calls these terms: "food aid", "young", "is deliberately", "is in a condition dangerous to life", "if possible, to provide such assistance", "failing to report a child's condition," "appropriate institutions "" appropriate persons ". To this end, the author resorts to etymological interpretation of these terms and existing perspectives in existing publications and analyzes them.
To further clarify the external manifestations of crimes provided p. 2, Art. 136 Criminal Code of Ukraine author refers to the laws of p. 2, Art. 136 Criminal Code of Ukraine as "life-threatening condition." In this sense, he finds the terms "dangerous", "danger" and "state." In order to offer a definition of crimes provided p. 2, Art. 136 Criminal Code of Ukraine author goes directly to clarify the features of the objective of these crimes. The author notes that the analysis of existing publications relating actus reus under Art. 136 of the Criminal Code of Ukraine show that the authors have no unity of opinion on it.
Based on the above author comes to the following conclusions: 1) that an offense under Part. 2, Art. 136 Criminal Code of Ukraine belongs to the formal compositions and mandatory signs it is the objective of: act (action or inaction), the situation of the offense; 2) an offense under Part. 3. 136 Criminal Code of Ukraine belongs to the material composition and its binding characteristics of the objective side are: act (action or inaction), the consequences - the death of the victim, the necessary causal link between the acts provided by parts first or second of article 136 that caused the victim's death, the situation of committing the crime.
Keywords: Qualified circumstances; Especially aggravating circumstances; Victim impact; The causal connection; The act