Щодо визначення понять пожежна та техногенна безпека у кримінальному праві України

Abstract

The article provides a theoretical and legal analysis of the object of a criminal offense under Article 270 of the Criminal Code of Ukraine: “Violation of fire or industrial safety requirements established by law”. The author notes that there are no comprehensive scientific studies on this issue. The author determines that the key concepts in determining the direct object of the criminal offense under Article 270 of the Criminal Code of Ukraine, “Violation of fire or industrial safety requirements established by law,” are the concepts of “fire safety requirements” and “industrial safety requirements.” These definitions are almost not considered in modern Ukrainian law. Moreover, there is no consideration of them in the criminal law aspect. The author states that “fire safety” and “industrial safety” should be characterized by the concept of “requirements”. The author analyses Ukrainian legislation that regulates fire and industrial safety requirements. It is concluded that compliance with fire and industrial safety requirements is imposed by law on a clearly defined range of persons. Moreover, this conceptually depends on this person’s connection with the facility where fire and industrial safety requirements must be met. All this allows us to question whether subjects may be liable for committing a criminal offense under Article 270 of the Criminal Code of Ukraine. This issue requires in-depth study and analysis, which may result in proposals to amend Article 270 of the Criminal Code of Ukraine to form a clearly defined list of subjects of the said offense. Keywords: corpus delicti of a criminal offense, criminal liability, public safety, object of a criminal offense, fire safety requirements, technogenic safety requirements, subject of a criminal offense.