Stupa V. Official negligence: criminal legal and criminology characteristic

The dissertation is devoted to a comprehensive criminal law and criminological study of official negligence in Ukraine. The analysis of scientific developments on the topic of research is carried out, which allowed to form the scientific novelty of the work. The criminal law and criminological characteristics of official negligence are considered. The historical periodization of criminal liability for official egligence is highlighted. Based on a synthesis of scientific sources on the investigated issues, it was concluded that many issues related to the criminal and criminological characteristics of official negligence are controversial and not fully understood, others need additional argumentation. Given this, there is an urgent need to solve a number of theoretical and practical problems associated with elucidating measures to prevent official negligence. Another important aspect of the study should be the analysis of the criminal legal warning of official negligence in foreign countries that have significant experience and achieved real results in this area. The criminal legal characteristics of objective and subjective signs of official negligence as a type of criminal offense are provided. The state, level, structure of the study of official negligence in Ukraine is reflected. The criminological characteristic of official negligence is given, the reasons and conditions for its commission are highlighted. A criminological portrait of a person committing official negligence is formulated: a person with a stereotype of behavior does not comply with the requirements of official instructions and current legislation; attributing to him a deep professional deformation, which has a causal connection with the onset of consequences, right-wing nihilism, and orientation toward satisfying personal needs and interests; a clear understanding of the illegality of their actions. The general legal and special criminological measures to prevent official negligence are analyzed. The fundamental mechanisms of ensuring the implementation of general social measures to prevent official negligence in the practical plane are seen: political, economic, regulatory, organizational, personnel, moral and ideological. A number of proposals have been made to improve the current legislation of Ukraine in the field of service negligence and a direction has been formulated to prevent it.