To the problem of definition the subject of intentional introduction (release on the market of Ukraine) of dangerous products

Abstract

The paper defines the subject of intentional introduction (release on the market of Ukraine) of dangerous products. The Criminal Code of Ukraine provides for responsibility for the intentional introduction (release on the market of Ukraine) of dangerous products, i.e. such products that do not meet the requirements for product safety established by regulatory legal acts, if such actions are committed on a large scale. In legal literature, the subject of a criminal offense is defined as a thing of the material world, in connection with which or on account of which a criminal offense is committed or as information, in cases defined by the criminal law. Scientists and researchers define the subject of intentional introduction (release on the market of Ukraine) of dangerous products in different ways. In our opinion, the subject of the investigated criminal offense is food products that are harmful to health and/or unfit for consumption, as well as non-food products that do not meet the requirements for their safety, which are defined in the relevant technical regulations, national standards of Ukraine and others technical specifications. Items seized from civilian circulation, products of military purpose, as well as products that are a source of ionizing radiation are not the subject of a criminal offense. Work and services are also not the subject of the investigated criminal offense, since the subject can be materialized things, while work is a certain activity or process related to the manufacture of a product or changing its properties, and a service is the provision or transfer of a certain good to the consumer. If the work or service finds its expression as a result that is the subject of the material world, then this materialized result can be recognized as the subject of a criminal offense.