Biological pathogenic agents as a subject of the crime provided by article 326 of the Criminal code of Ukraine

Abstract

The article examines the subject of the crime provided by Article 326 of the Criminal Code of Ukraine, based on the dominant position in the modern theory of criminal law with the help of physical, social and legal characteristics. It is pointed out that the subject of violation of the rules of microbiological or other biological agents or toxins usage is the mandatory feature of the crime. By the nature of the connection with the object, the subject of the investigated crime belongs to those for which the observance of a special legal regime is a condition for the normal functioning of public relations. Blanket disposition of the investigated criminal law norm led to recourse to other legal acts in order to establish the content of the subject of this crime. The generalization of the available normative definitions allowed to formulate the concept of “biological pathogens” in the meaning of the subject of crime under Article 326 of the Criminal Code of Ukraine. In particular, the author includes bacteria, viruses, rickettsia, chlamydia, mycoplasmas, protozoa, fungi, helminths, prions, toxins (both natural and genetically modified). The properties of biological pathogens are revealed (infectivity, pathogenicity, virulence, mortality, incubation period of contagiousness, stability) which affect their potential usage as a means of destruction. It is alleged that the subject of this crime is not products derived from biological pathogens – any goods or products containing biological pathogens or produced with their use. It is concluded that there is no single current list of biological pathogens for humans, animals and plants in Ukraine, but there are currently five lists approved by legal-and-regulatory acts. Key words: subject of crime, biological pathogens, toxins, prions, genetically modified pathogens, strains of microorganisms, infectivity, virulence, contagiousness, incubation period, pathogenicity groups.