IMPROVEMENT OF CRIMINAL LIABILITY FOR REMAINING AT DANGER WITH A FORMAL COMPOSITION

Abstract

The article is devoted to the investigation of criminal responsibility for leaving in danger, which did not lead to the occurrence of socially dangerous consequences (formal composition), namely, knowingly leaving without help a person who is in a life-threatening condition and is deprived of the opportunity to take measures for self-preservation due to minors, old age, illness or as a result of another helpless condition, if the person who left without help was obliged to take care of this person and was able to provide him with help, as well as in the case when he himself put the victim in a life-threatening condition (Part 1 of Article . 135 of the Criminal Code of Ukraine), leaving in danger committed by the mother in relation to the newborn child, if the mother was not in a state determined by childbirth (Part 2 of Article 135 of the Criminal Code of Ukraine) and the development of ways to improve criminal liability in order to prevent the commission of similar criminal offenses in the future. Based on the analysis of the empirical base in the form of court verdicts for leaving in danger, which is provided for in part 1 of Art. 135 of the Criminal Code of Ukraine, it is proposed to supplement the sanction of Part 1 of Art. 135 of the Criminal Code of Ukraine as a new type of punishment in the form of a fine. Also, in order to avoid the accumulation of a criminal law norm that establishes responsibility for leaving in danger, based on the analysis of the family legislation of Ukraine, according to which the mother and father of the child are equally responsible for the care of the child's health, its physical and moral development, creation of safe conditions for the child, as well as researching the scientific literature of Ukrainian scientists in the field of criminal law, it is proposed to exclude Part 2 of Art. 135 of the Criminal Code of Ukraine "The same actions committed by the mother in relation to the newborn child, if the mother was not in a state determined by childbirth, are punishable by restriction of liberty for a term of up to three years or deprivation of liberty for the same term" and provide for the possibility of bringing the mother of the newborn, under the conditions of her absence of a condition caused by childbirth, in the case of leaving the child in danger, according to Part 1 of Art. 135 of the Criminal Code of Ukraine. The maximum term of restriction or deprivation of liberty for the commission of such an act by analogy with the current part 2 of Article 135 of the Criminal Code of Ukraine to be established for a period of three years.