Criminal liability for not providing assistance to a person who is in a dangerous state of life (Article 136 of the Criminal Code of Ukraine) – Qualifying scientific work on the rights of manuscripts.
Thesis for a Candidate Degree in Law, specialty 12.00.08 - Criminal Law and Criminology; Criminal Execution (081 – Law). – Higher Educational Institution «National Academy of Management». – Kyiv, 2018.
The dissertation work on the nature and content of the research is a comprehensive and systematic research work devoted to the investigation of criminal liability for not providing assistance to a person in a dangerous life (Article 136 of the Criminal Code of Ukraine)
As a result of the scientific analysis of the theoretical state of the problem, its legislative regulation and the practice of applying the current legislation, taking into account its substantial change, important legal propositions were given, the new provisions and conclusions were formulated.
In the course of work, the theoretical and methodological foundations of the investigation of criminal responsibility for not providing assistance to a person in a state of danger to life are formulated. Significantly covered sources and history of criminal responsibility for this crime.
In dissertation work on the basis of the general notion of crime, objective and subjective features of crime, provided by art. 136 of the Criminal Code of Ukraine, the proposed concept of crime non-rendering assistance to a person who is in a dangerous state of life, the content of the following basic factors of socio-legal conditionality of the prohibition: socio-criminological; normative and legal; ethical; cultural-historical, international-legal, who convinced of the need to preserve the specified norm in the current legislation and determine the further direction of its improvement; the generic and immediate object of crime is the failure to provide assistance to a person in a state of danger to life.
Taking into account the current achievements of domestic and foreign science of criminal law, the following are analyzed: obligatory signs of the objective aspect of the crime of not providing assistance to a person who is in a dangerous state of life: the range of persons who may be the subjects of the said crime is determined; the signs of the subject of a crime, stipulated by art. 136 of the Criminal Code of Ukraine; the signs characterizing the subjective aspect of the crime of not providing assistance to a person in a state of danger to life are analyzed; possible forms and types of guilt are determined; a comprehensive analysis of the current legislation of Ukraine concerning the disclosure of essential features of certain offenses in Art. 136 of the Criminal Code of Ukraine, which is important both for the qualification of an act for the investigated article, and for its improvement.
Considerable attention in the thesis is given to qualifying signs of a crime not providing assistance to a person who is in a dangerous state of life (Articles 2 and 3 of Article 136 of the Criminal Code of Ukraine).
In the monographic study, a distinction was made between the crime of not providing assistance to a person who is in a dangerous state of life (Article 136 of the Criminal Code of Ukraine) from related offenses stipulated by the Constitution. 135, 137, 139, 166, 284 of the Criminal Code of Ukraine.
A comparative legal description of the failure to provide assistance to a person in a life-threatening condition under the Criminal Code of Ukraine and similar crimes under the criminal law of some foreign states is carried out.
The investigation of the problem of imposing a punishment for committing a crime of non-assisting a person in a state of danger to life has been investigated.
Proposals on improvement of the provisions of Art. 136 of the Criminal Code of Ukraine and the practice of its application.
