Щодо визначення об’єкта кримінального правопорушення, передбаченого ст. 270 КК України

Abstract

The purpose of the proposed article is to provide a criminal law analysis of the object of a criminal offense under Article 270 of the Criminal Code of Ukraine: “Violation of the fire or industrial safety requirements established by law.” The article determines that despite many scientific works devoted to the scientific analysis of the criminal law understanding of the object of a criminal offense, a relatively large number of issues have not yet received sufficient attention from scholars. This fully applies to the scientific and theoretical definition of public relations in public security as the generic object of a criminal offense. In addition, the author states that the direct object of a criminal offense under Article 270 of the Criminal Code of Ukraine, “Violation of the fire or industrial safety requirements established by law,” has been generally left without proper scientific analysis by modern legal scholars. The article analyzes the modern scientific works that analyze public safety as an object of a criminal offense. The author presents the central scientific positions on understanding the concept of “fire safety” as an element of the content of the concept of public safety. A certain typicality of existing scientific approaches to understanding this concept is determined. At the same time, it is stated that when conducting scientific research, one should first rely on the legal concept of fire safety given by the rulemaking in the Civil Protection Code of Ukraine. The concept of “technogenic safety” is not considered at all in the scientific works of modern legal scholars. There are no definitions of any content or content. To define this concept, it is also necessary to use the provisions of the Civil Protection Code. However, at the same time, the legal features of this concept currently need the necessary scientific study. The author notes the need for further scientific research to determine and specify the object of the criminal offense under Article 270 of the Criminal Code of Ukraine: “Violation of the fire or industrial safety requirements established by law”. Keywords: elements of a criminal offense, criminal liability, public safety, object of a criminal offense, fire safety, technogenic safety.