Babych A. Negligence co-causality in the criminal offense commission

The work is devoted to the scientific analysis of such a phenomenon as negligence co-causality of damage by social relations protected by the legislation of Ukraine on criminal liability. The historical path of the leak and the genesis of the problem of committing a single careless crime (according to the current terminology - a criminal offense) by several subjects have been studied. The domestic and foreign experience of solving this issue is analyzed. It has been established that negligent co-inflicting harm as a concept used in the theory of criminal law has all the necessary prerequisites for considering it as an independent provision of the theory of criminal law. The question of the definition of negligence co-causality has been studied in view of the presence of various scientific points of view regarding the selection and understanding of certain signs of this concept. A new approach to the consideration of the debatable issue of its objective and subjective connections between co-causers of damage due to carelessness is substantiated. In general, the signs of negligence co-causality are suggested to include: 1) multiplicity of subjects of the criminal offense; 2) the presence of interaction of actions (and/or inaction) of co-causers of negligent damage, which includes: a) joint efforts in the form of situational cooperation, technical (mechanical) interconnection, or a combination of the latter b) unity of action, c) a single a socially dangerous consequence for all co-causers, d) existence of a causal connection between the actions (inaction) of co-causers and the resulting socially dangerous consequence; 3) subjective connection between co-instigators; 4) negligence co-causality is possible only when committing a negligent criminal offense. Negligence co-causality is proposed to be understood as the commission of a criminal offense by several subjects as a result of interaction of actions, which caused a single negligence socially dangerous consequence The scientific approach to dividing cases of negligence co-causality into two typological groups: parallel and sequential is substantiated. It is also proposed to distinguish separate typological groups of negligence co-causality according to the criterion of characterizing the subjective side and the objective side of the committed: 1) negligence co-causality in the absence of any subjective relationship between the subjects regarding the damage caused (which has at least two subtypes are «autonomous negligence co-causality» and «conscious negligence co- causality»); 2) negligence co-causality with the presence of a certain kind of twoway communication between subjects. It was established that the basis of criminal liability of co-instigators of a socially dangerous consequence due to carelessness is their commission of a socially dangerous act, provided for by the norm of the article of the Special Part of the Criminal Code of Ukraine, which contains the composition of a criminal offense. It is proven that the limits of criminal liability for negligence co-causality should be considered from the point of view of the features of the subject composition, the objective composition of guilt and the degree of objective contribution of the participants of the act to the socially dangerous consequence. It has been established that most of the errors of pre-trial investigation bodies and judges are reduced to the incorrect definition of the objective «contribution» and the objective content of guilt, which in turn are the determining parameters for confirming the occurrence or existence of objective and subjective connections between co-causers of harm with carelessness It is argued that the subject of criminal offenses in case of negligence co-causality is mainly a special subject. It has been confirmed that two types of sanity can be distinguished – «general» - the ability to behave adequately in normal conditions, and «special» - the ability to behave adequately in conditions of neuropsychological overload. It is argued that the normative regulation of provisions on negligence co-causality is a necessary element of solving the problem of bringing several subjects to criminal responsibility for committing a negligent criminal offense. It has been proven that when individualizing the punishment for negligence co-causality, the following circumstances must be taken into account: the nature and degree of actual participation in the committed act, as well as the significance of this participation in the occurrence of socially dangerous consequences. The theoretical propositions, proposals, conclusions and recommendations formulated in the dissertation can be used in the future in the theoretical development of the problem of negligence co-causality, in rule-making activities, to improve the activities of pre-trial investigation bodies and courts, in the preparation of complex programs for the prevention of careless criminal offenses.