Урахування загальних засад призначення покарання у разі його призначення за вчинення кримінального право-порушення, передбаченого ст. 270 КК України

Abstract

The article emphasizes the importance of strict adherence to the general sentencing principles for adequately implementing the principle of legality in criminal law. The author emphasizes that, unfortunately, the practice of sentencing for a criminal offense under Article 270, “Violation of fire or industrial safety requirements established by law” of the Criminal Code of Ukraine (hereinafter – the CC of Ukraine) is almost unexplored. The analysis of the practice of sentencing for committing an act under Art. 270 of the Criminal Code of Ukraine is based on the study of more than 50 verdicts publicly available in the Unified Register of Court Decisions. The author notes that there are no cases when a court exceeded the sanction when imposing a sentence for an act under Art. 270 of the Criminal Code of Ukraine indicates that the sanction for this offense formalized by the legislator is appropriate. The author notes the almost complete absence of cases of imposing punishment for an act under Part 1 of Article 270 of the Criminal Code of Ukraine, which indicates the absolute non-prevalence of this unlawful act in Ukraine. The author determines the list of provisions of the General Part of the Criminal Code of Ukraine which should be considered when sentencing. The author notes the problematic nature of direct consideration of the degree of gravity of the offense committed when imposing punishment, especially in the context of such consideration under Article 12 of the Criminal Code of Ukraine. The author determines that the analysis of the perpetrator’s personality as an element of the sentencing principle can form an idea of the portrait of a typical offender who commits a particular offense, which may further improve the activities aimed at its prevention. The article analyzes the main characteristics of persons brought to criminal liability for committing an act under Article 270 of the Criminal Code of Ukraine. The author determines that there is no significant diversity in the mitigating and aggravating circumstances that are considered by the court when imposing a sentence for an act under Article 270 of the Criminal Code of Ukraine. Keywords: criminal liability, sentencing, general principles, personality of the perpetrator, violation of fire or industrial safety requirements established by law, fire safety, industrial safety, differentiation of criminal liability, individualisation of punishment.