The dissertation is the first study in the Ukrainian criminal law doctrine, in which
criminal liability for negligence causing death to another person is investigated
comprehensively and covers all components of criminal offenses that may result in
causing death by negligence.
The scientific novelty of the paper consists in the following: for the first time
criminal liability for causing death by negligence in the historical context is studied taking
into account different historical periods, in particular four periods of criminal liability for
negligence causing death to another person are distinguished, the laws that historically
established criminal liability for negligent infliction of death and their number in each of
the selected periods are analyzed, it is established that with the development of mankind,
the number of criminal offenses investigated by the legislator is constantly increasing;
absolutely all criminal offenses that result in careless death of a person are investigated, a
legal analysis of each of them is carried out, objective and subjective features are
determined; the problems of criminal qualification of negligence causing death to another
person are elucidated; the sanctions of the investigated criminal offenses are analyzed; the
judicial practice in sentencing is studied; based on the analysis of court verdicts
1701(2019), the frequency of application of a specific type of punishment for committing
criminal offenses that result in negligence causing death to another person is established;
amendments to the criminal legislation in terms of criminal liability for negligence causing
death to another person in order to improve law enforcement are proposed.
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The elaborated recommendations will be used in the educational process and
practical activities of the National Police of Ukraine and the relevant acts of
implementation prove this statement.
In the dissertation, the state of the research of criminal liability for negligence
causing death to another person in the criminal law doctrine is analyzed. The
generalization of scientific developments on the protection of life by the norms of criminal
law makes it possible to assure that certain provisions of negligent infliction of death on a
person have received due attention among modern scientists. The main areas of research
were: the history of the formation and development of criminal liability for "negligent
homicide "; the issues of the qualification of negligent homicide and related crimes;
imposition of punishment for negligent homicide and certain crimes.
It is established that the list of the most controversial issues includes: the use of the
term "homicide" in Art. 119 of the Criminal Code of Ukraine and qualificatory concepts
"grave consequences", "death of people" in special corpus delicti of criminal offences, in
which the death of another person is negligently caused; the use of different criteria for the
delimitation and classification of criminal offenses, which result in the negligent infliction
of death, which is protected by the norms of criminal law; differentiation of certain types
of criminal offenses that result in the death of a person; expediency of decriminalization
and criminalization of certain criminal offenses.
At the same time, it is established that certain issues concerning the criminal law
protection of causing death of a person by negligence were not an independent object of
study, in particular, a comprehensive, system study of the history of formation and
development of criminal liability for negligence causing death to another person, issues of
qualification of criminal offenses that result in negligent death, imposition of punishment
for negligent death was not carried out.
A historical analysis is made in terms of criminal law regulation of causing death by
negligence, which resulted in four consecutive periods of development of the legislation
on liability for negligence causing death to another person, namely: 1st period (XI–XVII
centuries) – Old Russian; 2nd period (XVII century – 1917) – tsarist-imperial; 3rd period
(1917–1991) – Soviet; 4th period (1991 – present) – the period of independent Ukraine. It
is concluded that the number of the investigated criminal offenses is gradually increasing.
It is proved that the increase in the number of criminal offenses declared the
legislator's intention to strengthen the protection of human life as the highest social value,
which is combined with the desire to further humanize the criminal legislation in general,
popularize a lawmaking branch.
