CRITERIA FOR DISTINGUISHING STAYING IN DANGER WHICH CAUSED THE DEATH OF A PERSON OR OTHER SERIOUS CONSEQUENCES, AND CERTAIN CRIMINAL OFFENSES AGAINST TRAFFIC SAFETY AND VEHICLE OPERATION

Abstract

The article examines the criteria for distinguishing the abandonment in danger, which caused the death of a person or other serious consequences, and criminal offenses against the safety of traffic and operation of transport, associated with the violation of the relevant rules in this area. In the practical activity of law enforcement agencies and courts, there are disagreements regarding the definition of criteria for distinguishing the components of these criminal offenses. These criteria are divided into objective and subjective. The objective criteria include the main immediate object, subject, socially dangerous act and the causal relationship between this act and its consequences; to the subjective – the subject and the subjective side. It was determined that the key criterion for distinguishing between the compared types of criminal offenses is the causal relationship between a socially dangerous act and its consequence, and the obligatory sign of being left in danger is the life-threatening condition of the victim, the presence of which characterizes the real possibility of the victim to remain alive, provided that timely help If the victim does not have such an opportunity, the act of the guilty person will not be mandatory for qualification under Art. 135 of the Criminal Code of Ukraine, the sign is a life-threatening condition for the victim. The actions of the guilty person in case of violation of safety rules on transport should be qualified according to the set of criminal offenses provided for in the corresponding article of Chapter XI «Criminal offenses against traffic safety and operation of transport» of the Special Part of the Criminal Code of Ukraine and Art. 135 of the Criminal Code of Ukraine, only if such a violation caused a life-threatening condition for the victim.