ОСОБЛИВОСТІ ЗАКОНОДАВЧОЇ КОНСТРУКЦІЇ ТА ВИЗНАЧЕННЯ ФОРМИ ВИНИ КРИМІНАЛЬНИХ ПРАВОПОРУШЕНЬ З ПОХІДНИМИ НАСЛІДКАМИ

Abstract

Emel’yanov V. P., Kharchenko V. B. Feature
legislative construction and determination of form of
guilt of criminal offences with derivative consequences. –
Article.
In the article the questions of determination of
circle and essence of criminal offences are examined
with derivative consequences, and also determination
of features of maintenance of psychical activity which
characterizes such unlawfully encroachments. It will be
that to the group of criminal offences with derivative
consequences it follows to take such criminally legal
norms, in disposition of which a legislator does not mark
an act on basic (direct, direct) investigation, but specifies
exceptionally on a criminal result, which is a normative
objective sign presence of which and stipulates the proper
character and degree of public ununconcern perfect that
punishability of such act. Acceding to impossibility of
different psychical attitude toward a commit act and his
consequences which form public dangerous encroachment
in the unity, grounded, that in most cases a penal law
specifies not on consequences criminally unlawful act,
but on the additional (secondary, mediated) consequences
of criminal offence, which are the certificate of the proper
character and degree of public ununconcern perfect. If
intention characterizes a psychical relation guilty to the
criminally unlawful act and basic investigation, and in
relation to derivative consequences psychical activity
of person is assumed in both form intention and in form
carelessness, such criminal offence on the whole is
acknowledged intentional. If accomplishing criminally
of unlawful act both intentional is assumed and from a
carelessness, and psychical attitude of person toward
derivative (certain in a penal law) consequences in only
form carelessness – on the whole such criminal offence
is acknowledged careless. Taking of intentional heavy
bodily harm which entailed death of a victim belongs
under a doubt, on the whole to intentional criminal
offences. The author release of item is article 23 Criminal
code of Ukraine: «Guilt is psychical attitude of person
toward a perfect action or inactivity and its consequences,
to foreseen this Code, expressed in form intention or
carelessness».