Судова практика в справах про кримінальні правопорушення проти безпеки виробництва: питання кваліфікації

Abstract

The article is devoted to the coverage of problematic issues of qualification of criminal offenses against safety of production in judicial practice and the development of recommendations aimed at law enforcement. Given the fact that all articles of Section X of the Special Part of the Criminal Code of Ukraine (CC) contain blanket dispositions, special attention is drawn to the issue of proper specification of prosecution. The issue of criminal law qualification of violation of the rules that occur at automobile gas stations (points) is considered separately. With reference to the materials of judicial practice and scientific achievements, the content of such features of criminal offenses against the safety of production as socially dangerous consequences (harm to human health, death, other serious consequences), causation, victim, subject and subjective side is substantiated. In particular, it is established that the causal link, being, as a general rule, indirect, can be complicated by the negligent behavior of the victim, by the fault of several entities, the properties of the equipment, the complexity of technological processes and more. It is argued that the difficulties in qualifying criminal offenses in question are mainly related to the delimitation of related offenses and the establishment of the content of evaluative elements. It is proved that the range of subjects of a criminal offense under Art. 271 of the Criminal Code «Violation of the requirements of the legislation on labor protection» requires legislative expansion. A conclusion is made that clear normative and law enforcement guidelines based on scientific achievements are needed to solve specific criminal law issues. It is shown that the decision of the Plenum of the Supreme Court of Ukraine of June 12, 2009 № 7 “On the practice of application by the courts of Ukraine of legislation in cases of crimes against safety of production” largely continues to play a positive role in law enforcement in the studied group of criminal proceedings. With reference to this, introduction of its modern version would play a positive role in ensuring uniformity and predictability of judicial practice.