Kotovenko O. Criminal responsibility fir gas and oil trunk pipeline damage

The dissertation is dedicated to problems of studying signs of corpus delicti (according to Article 292 Criminal code of Ukraine about gas and oil trunk pipeline damage) in an effect of its proper classification and submitting proposals for its developing in this norm aspects. The definitions of species, proximate and additional (extra) object damages of a gas and oil trunk pipeline and technologically connected systems. The necessity discussed criminal norm of Part 11 of the Special issue of the Criminal Code of Ukraine "Crimes against traffic and transport operating safety is proved". The crime under the article 292 is considered to be objective; objects of the crime from the point of view of the criminal law are equisignificant and have peculiar for them only common signs of legal effect. The definitions of "failure" and "damage" are analysed in order to make clear its importance for proper crime classification (under article 292). In addition to the concepts of "failure" and "damage"one more concept is singled art. with a view to take account of any cases of disconnection of executive systems of trunk pipeline, the result of which is failure or damage of the trunk pipeline with technologically connected systems or other socially dangerous consequences specified in the Law. The provisions of failure or damage confession and possibility of the consequence occurrence as an independent kind of socially dangerous consequences. Complication of subjective side of the described crime is defined by the complexity of objective side of the given delict and must be determined severally for the action by itself, primary consequence and secondary ones. Thus, the crime classification under article 292 has been created according to that the mentioned crimes can be described as performed in the framework of 1) intention; 2) double form of guilt; 3) by carelessness.