Features of interrelation of objective and subjective signs of crimes in careless acts connected with violation of special safety rules

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Introduction: the article considers the issues of legal characterization of guilt and causation in crimes related to violations of special security rules in the field of public security in the qualification of this group of illegal acts, analyzes their legal characteristics. Materials and methods: the normative basis of the study is formed by the Constitution of the Russian Federation and the criminal legislation based on it, local regulations regulating the scope of compliance with safety rules when handling high-risk items, as well as formulating the main provisions on the responsibility of persons for their violation in the production of various types of work. The methodological basis of the research is a dialectical approach to the scientific knowledge of social and legal reality, which allows a comprehensive study of the object and subject of the study, using formal-logical, system-structural and other methods of scientific knowledge. Results of the study allowed to clarify certain provisions related to the assessment of the characteristics of the elements of guilt, the consistent establishment of the features of the causal relationship in careless crimes in the field of public security, taking into account their relationship; identified the shortcomings of certain theoretical approaches in criminal law in the qualification of technosphere crimes; identified options for optimizing the criminal legislation of Russia in terms of regulating criminal responsibility for their commission. Findings and conclusion: the obtained results on the establishment of the legal nature of the causal relationship and the subjective side of crimes related to criminal violations of the rules of safety will help in determining its features in the qualification of crimes in order to establish the form of guilt; allowed us to determine that the causal relationship is complex, due to the multifactorial causes and conditions of crimes associated with sources of increased danger in various spheres of social and industrial life, its main conceptual characteristics are determined. The essence and content of the subjective attitude of the guilty person in the commission of crimes in the field of safety violations is considered on the basis of a systematic analysis of the entire mechanism of committing criminal behavior. A suggestion is made about the need to change some basic provisions of the theory of criminal law in the qualification of crimes.

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Guilt, interaction, safety rules, criminal consequences, source of increased danger

Короткий адрес: https://sciup.org/143178194

IDR: 143178194   |   DOI: 10.24412/2312-3184-2021-3-68-79

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