The Use of the Statutory Acts that Regulate the Safety of Industrial Products and the Exploitation of Buildings and Constructions during the Investigation of Crimes Prescribed by the Art. 275 of the Criminal Code of Ukraine
Abstract
In order to ensure the safety of a person who uses industrial products and exploits buildings and structures to meet his domestic, industrial, social and other needs, there are a number of rules and regulations that are obligatory for execution (observance) during the creation of these objects.
Investigation of crimes stipulated by Art. 275 of the Criminal Code of Ukraine provides for the mandatory establishment and precise indication in the procedural documents of the provisions of the law, non-compliance with which requirements led to the occurrence of harmful consequences. It is necessary for the correct criminal-legal qualification, the delineation of the crime provided for in Art. 275 of the Criminal Code of Ukraine from others, which are connected with the violation of special rules, the establishment of a person who committed a crime and to determine the causal link between its actions (inaction) and consequences.
An appeal to the relevant legislation showed that it represents a significant array of complex, structured and sometimes uncoordinated legal acts and documents created by different actors at the international, national, sectoral and local levels.
Obviously, the search and forensic analysis of these documents requires certain skills and knowledge that are not always available in the investigator’s arsenal. Therefore, particular attention should be paid to the definition of the legal structure of certain aspects of security in the context of the issue under study, the content of a number of terms and concepts that are disclosed in the legislation and of relevance to the investigation.
For this purpose, the basic normative documents were analyzed, references to which are mandatory in the application of Art. 275 of the Criminal Code of Ukraine (direct references are formulated depending on the subject of the crime, the stage of the establishment of certain objects, the number of persons who committed a violation and other circumstances of the proceedings).
The basic normative documents regulating safety of use of industrial products and exploitation of buildings and structures at the international and national level are analyzed. The scope and direction of their use in the investigation of crimes stipulated in Art. 275 of the Criminal Code of Ukraine. The approach to the elaboration of normative acts is proposed, with the aim of precisely establishing the requirements of violation of which led to the occurrence of socially dangerous consequences.
Downloads
Abstract views: 101 PDF Downloads: 55
Copyright (c) 2018 Law Magazine of the National Academy of Internal Affairs
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
- Authors reserve the right to authorship of their own work and transfer to the magazine the right of the first publication of this work under the terms of the Creative Commons Attribution License, which allows other persons to freely distribute published work with mandatory reference to authors of the original work and the first publication of an article in this magazine.
- Authors have the right to enter into separate additional agreements on non-exclusive dissemination of the work in the form in which it was published in the journal (for example, to post an article in the institution's repository or to publish as part of a monograph), provided that the link to the first publication of the work in this journal is maintained.
- The journal's policy allows and encourages the posting of articles by authors on the Internet (for example, in electronic storehouses of institutions or on personal websites), both before the submission of this manuscript to the editorial office and during its editorial processing, as this contributes to the creation of a productive scientific discussion and positively affects the efficiency and dynamics of citing the published work.
