The Subject 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 the subject of the crime under Art. 166 of the Criminal Code of Ukraine. The subject of this crime has been identified as special. Its general (obligatory) and special (additional) features are found out. The general (obligatory) features include the following: a natural person, a sane person who has reached the age of sixteen. It is substantiated that special (additional) features of the subject of this crime characterize his social role and relationship with the victim. The social role is to take care of the child or the person under guardian- ship or custody. The subject has a family relationship with the child, and a custody or guardianship relationship with the incapacitated person. Scientific approaches to determining the range of subjects of this crime have been studied and their differences have been identified. The article clarifies and analyzes the types of special subject of the crime under Art. 166 of the Criminal Code of Ukraine. Depending on the person in need of care, they are divided into two groups. The first group includes subjects with responsibilities for the care of the child and the family nature of
 the relationship between them. These are parents, adoptive parents, guardians, trustees, foster carers, foster parents, foster parents or actual caregivers. The second group includes entities that have responsibilities for the care of a person with limited capacity (incapacity) and are in a relationship with them in custody (guardianship) - guardians, trustees, officials of guardianship and trusteeship, heads of health care facilities or social protection.
 The case law on the application of Art. 166 of the Criminal Code of Ukraine (2010-2021). Based on this, it was concluded that the perpetrators of the crime are mostly parents of the child, only in isolated cases - adoptive parents and guardians.