Malomuzh S. Insignificance of act in the criminal law of Ukraine.

Dissertation is one of the special complex researches on insignificance of act in criminal law of Ukraine where the experience of other countries in determining of the value and features of insignificance of act are analyzed for the first time, and it has been suggested the ways of improving its legislative term. It has been investigated the genesis of insignificance of act in the history of criminal law of Ukraine, concepts and types of insignificance of act in the theory of criminal law, the insignificance of act in the criminal law of other countries. In the criminal law of continental legal family the insignificance of act was enshrined as: 1) the reasons for the creation of preferred essential elements of offences (CC of Sweden); 2) the circumstances that exclude criminality of act (CC of Denmark); 3) the grounds for remission from punishment (the Criminal Code of Denmark); 4) the act that is not identified as a crime (CC of Switzerland); 5) grounds for bringing to administrative amenability (CC of Bulgaria). In the criminal legislation of the countries of the "former Soviet Union" the insignificance of act was confirmed as: 1) an act that is not considered as a crime (the most of countries); 2) the grounds for remission from criminal amenability (CC of Lithuania). The insignificance of act was identified as for the object of trespass, and for the features as the objective and subjective sides. It has been proved that the degree of protection of the object of crime and the possibility of identifying the invasion for this object of the crime by the insignificant of act is in direct ratio correlated with the proximity of the object of criminal influence to the subjects of public relations as a structural element of the object of crime. In the legislation determination the insignificance of act the feature "…it was not caused significant damage to physical or legal persons, society or the state" describes the lack of socially dangerous result, and the feature "...it could cause significant damage to physical or legal persons, society or the state" describes the lack of public danger of acting. It is established that the act has been committed in a manner that is a qualifying feature can not be considered the insignificant one. The insignificant of act can only be the acts which are committed with the intention causing by accidental damage. It has been investigated the division of insignificance of act from similar concepts ("the absence of essential elements of offence", "the absence of the act of offence", "remission from criminal amenability", "the circumstances that excluding criminality"), the problems of the insignificance of act in criminal judiciary. For solving problems in distinguishing between the concepts "the absence of essential elements of offence" and "the insignificant of act" was proposed to delete from Ch. 2, Art. 11 Criminal Code of Ukraine that phrase as “... has not caused significant damage ...” According to this, it is proposed to write Ch. 2, Art. 11 Ukraine in the following way: "An action or inaction is not a criminal offense that although formally contains the signs of the act provided by this Code, but in accordance with insignificance they do not contain the public danger which is necessary for the criminal infraction of public insecurity, so that they could not cause any significant damage.