Specific features of criminal liability for negligence in the criminal law of the countries of the post-Soviet space
Автор: Murina Yulia V.
Журнал: Вестник Восточно-Сибирского института Министерства внутренних дел России @vestnik-vsi-mvd
Рубрика: Уголовно-правовые науки
Статья в выпуске: 4 (103), 2022 года.
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The article provides a comparative legal analysis of the norms of the criminal legislation of the post-Soviet countries on liability for negligence on a number of key points: the wording of the name of this crime, its place in the system of the Special Part of the Criminal Law (specific object of the crime), peculiarities of the subject of negligence, and also signs of its objective and subjective side, the presence and content of qualifying signs, punishability of negligence, the presence of its special types or varieties. Materials and Methods: the normative basis of the research is formed by the criminal legislation of the countries - the former republics of the USSR. The methodological basis of the research is the dialectical method of scientific knowledge, together with both general scientific research methods, such as analysis, synthesis, deduction, induction, and special methods - comparative legal, formal logical. The Results of the study: made it possible to identify the features of the legislative regulation of criminal liability for negligence in the named group of countries, considering the positive foreign legislative experience in the field under study, to formulate possible directions for improving the norms of Russian legislation on liability for negligence. Findings and Conclusions: identified and described three approaches to the definition of the species object and the subject of negligence; noted the similarity in the description of the act of negligence and differences in the description of the consequences that serve as the basis for the differentiation of criminal liability for the crime in question; Among the possible directions for improving the Russian criminal law, the following are highlighted: clarification of the form of guilt as a sign of the composition of negligence, toughening of the sanctions of the norms provided for by the CC. 1 and 1.1 Art. 293 of the Criminal Code of the Russian Federation, as well as the criminalization of negligence as a crime against the interests of service in commercial or other organizations, as well as its special types within the framework of other chapters of the criminal law.
Negligence, official, differentiation of criminal liability, comparative legal analysis, signs of negligence
Короткий адрес: https://sciup.org/143179534
IDR: 143179534 | DOI: 10.55001/2312-3184.2022.73.47.021