ПИТАННЯ ОБ’ЄКТА І ОБ’ЄКТИВНОЇ СТОРОНИ ЗЛОЧИНУ ЗА СТ. 272 КРИМІНАЛЬНОГО КОДЕКСУ УКРАЇНИ

Abstract

The article analyzes the structure of public relations in the field of ensuring safety at work during high risk work. The subjects of public relations in the field of safety of work during the execution of works with increased danger are determined. Examples of subjects of public relations in the field of ensuring safety at work during high-risk works are given. In addition, the social relations of social relations in the field of ensuring safety at work during high-risk work are determined.

On the basis of an analysis of the structure of social relations in the field of safety of work during the execution of work with increased danger, the author gives his own point of view regarding the object of the crime, provided by Art. 272 of the Criminal Code of Ukraine, in particular, it is determined that the object of this crime is the social and legal norms, which are regulated by law and local norms, that have been established in order to ensure observance of safety rules at the enterprises and enterprises during the execution of works, creation of safe working conditions and the provision of proper labor protection under the time of execution of work with increased danger.

The objective side of this crime is also analyzed. Taking into account the analysis of the objective side of the crime, the author concludes that from the objective side of the crime, provided by Art. 272 of the Criminal Code of Ukraine is expressed in acts (actions or inactivity), which is violated safety rules during the performance of work with an increased danger in the workplace or any enterprise, a person who is obliged to comply with them.

In addition, it is concluded that violations of rules during the execution of work with increased danger may be manifested in passive behavior, when the person does not take the necessary actions defined by the relevant rules and which are aimed at ensuring the safety of performance of work, or in active behavior, on the contrary, the person performs actions that are prohibited by the relevant rules during the performance of work with increased danger.

Also, the viewpoint is that at the time of execution of works with increased danger it is necessary to understand the actual time of execution of these works. In order to qualify a criminal offense under this article, it is irrelevant whether there was a violation of the right to perform work with an increased danger, which caused the above-mentioned consequences during working hours or outside the working hours of the enterprise or other structure where production was carried out.

In addition, in the article the author is talking about the fact that for the qualification there is no significance of the requirements of an act on security in the course of performing work with high danger were violated, whether general normative legal acts, or local, that is, the legal hierarchy of these acts is not important value. It is important to establish the fact of violations of the relevant regulations.

The author takes the position that this crime has a material composition, and only violation of the relevant law is not a crime. A violation will be recognized as a criminal offense if it results in socially dangerous consequences provided for in Art. 272 of the Criminal Code of Ukraine.