Subject of the crime under art. 326 of the criminal code of Ukraine

Abstract

The characteristics of the subject of offence under Art. 326 of the Criminal Code of Ukraine are considered in the article. It is stated that violation of the rules of treatment of microbiological or other biological agents or toxins is not included in the list of crimes, which stipulates the liability of legal entities. Notwithstanding that a deliberate violation of these rules may be committed by an authority on behalf of and in the interests of a particular legal entity, it is concluded that the subject of offence under Art. 326 of the Criminal Code of Ukraine, is exclusively an individual. The author expresses her own insight of criminal sanity related to a criminal offense under the provisions of Art. 326 of the Criminal Code of Ukraine, particularly, defines it as the ability of a person to realize that his actions (acts of omission) are a violation of the rules of biological pathogens handling and are biologically dangerous, as well as the ability to choose an option (method) of pathogens handling. Under such circumstances, the subject of offence under the Art. 326 of the Criminal Code of Ukraine, may be characterized by diminished sanity, inability to understand their actions (acts of omission) exactly and / or manage them. It is argued that criminal liability of a person who has violated the rules of treatment of biological pathogens can occur only after he reaches 18 years of age. According to the analysis of the scientist’s views and the provisions of regulations in the relevant area, it is concluded that the subject of offence under Art. 326 of the Criminal Code of Ukraine of a crime – special, regardless to the fact of absence of the direct provision in the law. In author’s point of view, the penal part of Article, in particular, stipulated herein type of additional punishment as deprivation of the right to hold certain positions or engage in certain activities, is an indirect indicator that the subject of violation of the rules of treatment of biological pathogens is special. It is concluded that the subject of offence under Art. 326 of the Criminal Code of Ukraine, is a person responsible for his/her actions (or person with a diminished sanity) who has reached the age of 18 at the time of the comiting crime and who, in accordance with his duties or professional functions must comply with the rules of treatment of biological pathogens. Key words: subject of offence, biological pathogens, toxins, person, sanity, increased age of criminal liability, special subject of offence.