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Kateryna KATERINCHUK,

Associate Professor of the Department of Criminal Law and Process of the National Aviation University Educational and Scientific Law Institute, Candidate of Law Sciences, Associate Professor

PECULIARITIES OF THE GUILT IN CRIMES AGAINST A HUMAN HEALTH

The Constitution of Ukraine proclaims that human life and health the highest social value (articles 3, 28). The Criminal Code of Ukraine (hereinafter – CC of Ukraine) also provides criminal legal protection of the health of individuals (Section II Crimes against life and health) by legal norms from criminal offenses that under the Art. 121–128, 130 and 133 of the CC of Ukraine.

Although the legislator in the CC of Ukraine clearly established form of guilt according data crime, but there are discussions on the establishment of the subjective side of crime against the person’s health, such as type of intention (direct, indirect) or negligence (criminal arrogance and criminal carelessness) among scientists.

Of course some clarification exercises Plenum of the Supreme Court of Ukraine «On judicial practice in cases of crimes against life and health» No 2 from 07.02.2003 of the year – it concerns the establishment of the subjective aspect of crimes stipulated: Part. 2 art. 121 of the CC of Ukraine (intentional serious bodily injury that resulted in death of the victim); we have to say that the Plenum of the Supreme Court of Ukraine gives some explanations in Resolution «On judicial practice in cases of crimes against life and health» No 2 from 07.02.2003 – it concerns the establishment of the subjective aspect of crimes stipulated: Part. 2 art. 121 of the CC of Ukraine (intentional grave bodily injury that caused a death of the victim);

Art. 123 CC of Ukraine (intentional grievous bodily injury inflicted in a condition of strong emotion) concerning an obligatory establishment of the emotional condition of the criminal, which greatly reduced his ability to understand his actions or control them; Art. 128 of the CC of Ukraine (Careless hard or medium gravity injury) clearly establishes the type of negligence. The subjective aspect of crimes against the person’s health, provided of the CC of Ukraine Resolution not disclosed.

As for the grave intentional medium and light injuries (Art. 121, 122, 125) of the CC of Ukraine, the subjective aspect of these crimes is characterized by direct or indirect intent.

Intentional infliction of serious bodily injury in excess of self-defense or in excess of measures necessary to arrest the offender articles 124 and 126 CC of Ukraine (Beating and torture) of the CC of Ukraine – direct, indirect intent.

There is no doubt install the subjective side of the crime century. Article 127(torture) – the guilt in the form of direct intent. This follows from the fact that the presence of objective crime emphasizes the direct intent.

There is no doubt establish the subjective side of the crime century. 127 (torture) - guilt in the form of direct intent. This follows from the fact that the presence of objective crime emphasizes the direct intent.

The subjective side of the crime to affect Immunodeficiency virus or any other incurable infectious disease (Art. 130 of the CC of Ukraine) the offense must be characterized in different parts of the article differently.

Key words: guilt, intent, negligence, health, bodily injury, assault, torture, torture infection.

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