ШЛЯХИ ВДОСКОНАЛЕННЯ КРИМІНАЛЬНО-ПРАВОВОЇ ОХОРОНИ ЖИТТЯ ОСОБИ

Abstract

The article deals with issues of criminal law protection of a person's life. The author draws attention to the legislative and law-enforcement problems that exist in this area and offers possible ways to solve them. The definition of murder as the intentional causing of the death of another person requires the removal of the word "intentional" from Art. 115-118, 404 of the Criminal Code of Ukraine. It is proposed to name Art. 119 of the Criminal Code of Ukraine "Causing death due to carelessness". The author also proposes a new version of individual points of Part 2 of Art. 115 of the Criminal Code of Ukraine: clause 2 ("a minor, a woman known to the perpetrator to be pregnant, an elderly person, a person with a disability, or a person suffering from a mental disorder, having disabilities of mental development"); p. 3 ("a hostage or a person who has been kidnapped or illegally deprived of liberty"); item 8 ("a person or a person close to him in connection with the performance by this person of an official, public or other duty"); p. 11 ("committed on order or in fulfillment of an order or order"); p. 13 ("committed by a person who previously committed murder (assault on life), with the exception of murder provided for in Articles 116-118 of this Code"); p. 14 ("committed on racial, national or religious grounds"). It is indicated the need to exclude part 2 of Art. 135 of the Criminal Code, since the act specified in it is actually provided for in paragraph 2, part 2 of Article 115 of the Criminal Code.

The article suggests that when qualifying individual cases of encroachment on a person's life, the intentional causing of death with serious consequences of criminal offenses provided for in Articles 146, 147, 152, 153 of the Criminal Code should not be recognized; do not apply Clause 8, Part 2, Art. 115, as well as articles 348, 379, 400 of the Criminal Code, if the injured person violated the law while performing the relevant duties; in the case of murder during a robbery attack, apply clause 6, part 2 of Article 115 and (in the absence of qualifying or particularly qualifying signs of robbery) Part 1 of Art. 187 of the Criminal Code.