Socially dangerous consequences of persistent failure to perform duties related to the care of a child or a person under guardianship or in the custody (Art. 166 of the Criminal Code of Ukraine)

Abstract

The article is devoted to the study of socially dangerous consequences persistent failure to perform duties related to the care of a child or a person under guardianship or in the custody. Тhey are formulated as serious consequences іn Art. 166 of the Criminal Code of Ukraine. The article analyzes and reveals this concept, which is evaluative and needs to be established in each case. The types of consequences covered by this concept are clarified. In particular, the material consequences include physical (personal) harm, namely: impaired spiritual, social, intellectual or emotional development of the child, impaired physical or mental development of the child, severe, moderate or minor injuries that caused short-term health disorders or insignificant loss of ability to work of a child or a person with limited capacity (incapacity), their death, suicide or attempted suicide, unknown absence. Intangible consequences include violation of the right of a child and a person declared incapable or partially incapable to housing and sexual integrity. The case law on the application of Art. 166 of the Criminal Code of Ukraine (2010-2021). It has been found that the concept of «serious consequences» covers a wide range of types of socially dangerous consequences. It is established that as a result of commission of this crime damage is caused to public relations which are various on degree of significance. It is proposed to improve the responsibility for commission of the crime under Art. 166 of the Criminal Code of Ukraine, namely to clarify the types of consequences and to differentiate such responsibilities.