ЗНАЧЕННЯ ТА СПІВВІДНОШЕННЯ ПОНЯТЬ «ПРИЧИНА» ТА «ПРИЧИННИЙ ЗВ’ЯЗОК» У КРИМІНАЛЬНОМУ ТА КРИМІНАЛЬНОПРОЦЕСУАЛЬНОМУ ПРАВІ УКРАЇНИ

Abstract

The article examines the topical issue of the conceptual apparatus of the terms "cause" and "causal connection" in criminal offenses with a material composition. The authors made an attempt to establish, with the help of their inherent features, their inner essence and legal significance when used in criminal law and process. What is the current state of use of these terms in domestic and foreign legislation, domestic and European judicial practice. For theory and practice, this will make it easier to understand the use of these terms, and will eliminate different interpretations of the decisions made with their use. The analysis of investigative and judicial practice regarding the establishment of a causal connection in criminal offenses with a material composition indicates the existing problem of legislative consolidation of this concept, which has long been an element of the objective side of criminal offenses with consequences defined by law in the domestic theory of criminal law. The issue of the relationship of this concept to the philosophical category and the need to introduce it into the criminal block, criminal and procedural codes is debatable. Domestic legislative practice does not establish the concept of causation, its signs in criminal law and the mandatory establishment of this element of the objective side of a criminal offense with its consequences, and in particular, an aviation event, which in its essence is fleeting and takes place under the influence of various factors. It has been established that international and European judicial practice does not establish this concept in criminal law and the need to prove it in criminal procedural law. The purpose of this study is to carry out an analysis of modern domestic legislation, judicial practice in the investigation of aviation incidents, international legislative and law enforcement experience regarding the procedure for using the philosophical concept of causation in criminal proceedings and the level of proof of the existence of a cause or causal connection in the investigation of criminal offenses. Draw conclusions and propose solutions to existing problems.