Negligence As A Cross-Criminal Law Concept
DOI:
https://doi.org/10.15330/apiclu.67.1.96-1.104Keywords:
criminal law of Ukraine, criminal offense, subjective aspect of the composition of a criminal offense, forms of guilt, negligence, criminally unlawful negligence, official negligence, negligent attitude, dishonest attitude, negligent performance of duty, negligent storageAbstract
The article analyzes the provisions of the current Criminal Code of Ukraine regarding the use of the term «negligence». The meaning and scope of the concepts designated by this term in the text of the criminal law are identified. The hypothesis that negligence constitutes a cross-cutting criminal law concept is examined and refuted.
In particular, it is demonstrated that the term «negligence» is used in different senses in various parts of the Criminal Code. In some cases, negligence refers to dishonest or improper performance of official duties, while in others it serves as an alternative to dishonesty. In the General Part of the Criminal Code, negligence is defined as a form of carelessness (i.e., a type of mental state or guilt). In contrast, in the Special Part, negligence also indicates other elements of the crime (in addition to guilt). It is further established that acts described in the Special Part using the term «negligence» may be committed not only through negligent guilt in the narrow sense but also through recklessness -or even with indirect intent.
The article also analyzes the provisions of the Draft of the new Criminal Code of Ukraine concerning the use of the term «negligence». The need for amendments to the current Criminal Code of Ukraine is substantiated.
