THEORETICAL AND PRACTICAL PROBLEMS OF THE SUBJECT OF THE CRIMINAL OFFENSE PROVIDED FOR ART. 253 OF CC OF UKRAINE

Abstract

The article examines the theoretical and practical problems of the subject of a criminal offense design or operation of buildings without environmental protection systems. Attention is drawn to the fact that the problem of the subject of this criminal offense has not yet found its proper study. The paper emphasizes the importance for the theory of criminal law and law enforcement understanding of the subject of a criminal offense under Art. 253 of the Criminal Code of Ukraine (hereinafter – Article 253 of the Criminal Code). The author critically analyzes the existing numerous views on the subject of the criminal offense of designing and operating buildings without environmental protection systems, offers her approaches to the proper clarification of the subjects of this act, which are more understandable to the theory of criminal law and law enforcement. The scientist clarified the essential theoretical basis in the study of the subject of this criminal offense, in particular criminal responsibility, sanity, the relationship between the concepts of "subject of criminal offense" and "identity of the offender". The methodological basis for the study of this problem is an in-depth study of the crime itself and the improvement of legislation on criminal liability in this area. On the basis of the conducted research of a criminal offense of designing or operation of constructions without systems of protection of environment the definition of subjects of the action provided by Art. 253 of the Criminal Code in relation to the following forms of manifestation of this act: 1) the subject of a criminal offense of development and delivery of projects, other similar documentation to the customer without environmental protection systems; 2) the subject of commissioning (acceptance) of environmental protection systems.