Problems of qualification for violation of sanitary rules and standards related to the prevention of infectious diseases and mass poisoning

The relevance of the study is due to the growing level of threats of biological origin, which requires the building of an effective biological safety system in Ukraine, in particular, by means of criminal law, as well as the lack of development of problematic issues of qualification for violation of sanitary rules and standards related to the prevention of infectious diseases and mass poisoning. The purpose of the article is to determine the content of the constructive signs of a violation of sanitary rules and standards related to the prevention of infectious diseases and mass poisoning (Article 325 of the Criminal Code of Ukraine) and to develop, on this basis, ways of solving the problems of distinguishing the specified composition from related criminal offenses. To achieve this goal, the general scientific – dialectical method of cognition was used, as well as such special methods as hermeneutic, formal-logical, systemic-structural, and functional. The content of constructive objective and subjective features of the researched composition of the crime was determined, it was found that the composition of the violation of sanitary rules and standards has a number of common features with the composition of criminal offenses provided for in Part 1 Art. 113, Part 3 Art. 130, Part 2 Art. 131, Part 2 Art. 133, Art. 251 and Part 1 Art. 326 of the Criminal Code of Ukraine. The common and distinguishing features of the composition of these criminal offenses were analyzed. It was concluded that the researched composition of the crime should be distinguished from the compositions provided for in Part. 3 Art. 130 and Part 2 Art. 131 of the Criminal Code of Ukraine, according to the rules of the competition of general and special norms, and from the rest of the specified compositions – according to the rules of demarcation of related compositions of criminal offenses.

blanketness, constitutive features, violation of rules, spread of diseases, contagion, qualification of criminal offenses, delimitation, related corpus delicti, competition of norms