Current Issues of Determining Subjective Signs of Remaining in Danger

Abstract

The article examines topical issues of establishing subjective signs for leaving in danger, namely the essence, interpretation and definition of subjective signs for qualification under Art. 135 of the Criminal Code of Ukraine. Such subjective signs of Art. 135 of the Criminal Code of Ukraine, as guilt and the subject of a criminal offense. It has been established that among the complex issues that arise in law enforcement activities in the qualification of Art. 135 of the Criminal Code of Ukraine there is the establishment of the second alternative sign of this norm - putting the victim in a state of danger to life and health and leaving him without help, as well as the correct interpretation of the expression of the legislator "he himself put the victim in a state of danger to life", when the issue is resolved through mutual fault . It is proved that among the topical issues of subjective signs of being left in danger, there are certain difficulties in the established forms of guilt (intention or negligence) in each specific case. Attention is drawn to such topical issues in the qualification of Art. 135 of the Criminal Code of Ukraine, as establishing the type of subject of a criminal offense, especially when it is necessary to determine the type of subject where the victim was left in a dangerous condition caused by a traffic accident. An analysis of the relevant issue provided grounds to assert that the subjects of being left in danger can be not only persons obliged to take care of the victim, but also those who are obliged to provide the necessary assistance to persons in a dangerous state, based on their profession, the requirements of regulatory enactments. It is also essential to determine the types of subjects of a criminal offense under Art. 135 of the Criminal Code of Ukraine, in a situation in which the victim was left in a dangerous condition caused by a traffic accident, since it is the definition of a specific type of subject that affects the final qualification.