INVESTIGATION OF MALICIOUS FAILURE TO FULFILL OBLIGATIONS TO CARE FOR A CHILD OR A PERSON TO WHOM GUARDIANSHIP IS ASSIGNED: STATE AND DIRECTIONS FOR SOLVING THE PROBLEM

Abstract

The article is devoted to highlighting the state and ways of solving the problem of investigating the malicious failure to fulfill the duties of caring for a child or for a person in respect of whom guardianship or guardianship is established. It is noted that emergencies caused by the pandemic in connection with the spread of COVID-19 caused by the SARS-CoV-2 virus infection (from 2020 to 2023), the armed aggression of the Russian Federation against Ukraine (2022 to the present) and others, can lead to the formation of conditions for the occurrence of serious consequences for the criminal offense in question. The aggregate of manifestations of unlawful acts and their consequences analyzed in the article demonstrates a significant number and variety, which requires due attention from authorized persons in the correct assessment, primarily legal, of the revealed facts. It is noted that the diagnosed consequences allow us to assess (make reasonable assumptions) about the methods of action (inaction), the causes and motives of the offender. On this, as stated in the article, versions can be based, organizational and preparatory measures can be built for conducting investigative (search) actions, as well as the stages of urgency and the level of needs of medical, psychological and other types of assistance to victims, a decision can be made to deprive paternity, etc. It is emphasized that a thorough study of the causes and conditions that contributed to and conditioned the commission of the criminal offenses in question can be the basis for taking measures to minimize the number of their commission. Attention is focused on the fact that a comprehensive study of the situation formed at the right moment demonstrates the existing problem of malice of failure to fulfill the duties of caring for a child or for a person in respect of whom guardianship or guardianship is established as urgent. Its solution in the article is seen as possible through an integrated approach and in-depth analysis of legislation, literary (scientific) sources and generalization of forensic investigative practice with a statement to solve the corresponding set of tasks. The paper notes that the content demonstrates the urgent need to develop recommendations that, on the one hand, would enrich forensic science, and on the other – would expand the possibilities of practice in the fight against the phenomenon in question.