The Offender is an Element of a Forensic Description of the Violation of the Requirements of the Radiation Safety Regime
Abstract
The purpose of the article is to determine the typical characteristics of a person who breaches the requirements of the radiation safety regime and justifies the feasibility of establishing specific characteristics of the offender in the investigation of these crimes. The research methodology consists of general scientific and special methods of scientific knowledge: dialectic – for the knowledge of social and legal phenomena in their connection, development and change; historical and legal – to clarify the genesis of scientific views on a number of concepts used in the investigation of the person of the offender as an element of forensic characteristics; logical and legal – in the development of special terminology and normative base in the field of radiation safety in order to deepen the conceptual apparatus of forensic techniques related to the relevant subject; sociological and statistical – during the questioning and interviewing of investigators, studying and synthesis of law enforcement practices. The scientific novelty of the work consists in the fact that for the first time the traits of the offender, as an element of forensic characterization of crimes stipulated in Article 2671 of the Criminal Code of Ukraine. Conclusions personality of the offender as an element of forensic characterization of crimes stipulated in Article 2671 of the Criminal Code of Ukraine has a specificity, it is connected with its other elements: the situation, the way of committing a crime, the subject of a criminal offense. The peculiarity is that a limited number of persons can commit a crime, given the difficulty of entering the territory of the exclusion zone. The forensic significance is the information on the reasons for the person’s stay in the exclusion zone, information about the place of work or other connection with the restricted zone, the potential access to the objects of the criminal offense and their movement outside the exclusion zone, the links of the offender with the persons who work (worked previously) in the area of exclusion and other persons who may be interested in committing criminal acts, the facts of committing similar offenses in the past, the motivation of criminal activity.
Keywords: criminal person; forensic characteristic; regime; radiation safety; investigation; exclusion zone.
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