Torts of biological hazard creation: from theoretical foundations to law enforcement guidelines

The relevance of the research is stipulated by the growing level of threats of biological origin which requires building an effective system of ensuring biological safety in Ukraine, including by criminal law means, and also by the lack of elaboration of the issue of biological safety as an object of criminal law protection. The purpose of the article is to reveal the essence of the "tort of hazard creation" as a specific construction of a criminal offense and, based on this, to provide an objective characterization of the torts of biological hazard creation, in particular, to determine their main constitutional feature which is crucial for law application. To achieve this goal, the author uses the general scientific - dialectical method of cognition, and also such special methods as ascent from the concrete to the abstract and vice versa, hermeneutical, logical and historical, formal and logical, systemic and structural, and dogmatic methods. It is argued that the torts of hazard creation are in an intermediate position between formal and material corpus delicti, and it is proposed that the hazard corpus delicti should be considered as a new type in this classification. The author demonstrates the expediency of criminalizing offenses against biological security in the form of hazard corpus delicti. A constructive objective feature of the respective offenses - "creation of a real biological hazard" - is defined. Given the evaluative nature of this feature, which entails mistakes by investigative authorities and courts regarding its legal assessment, it is proposed to define precise normative and law enforcement guidelines when the Plenum of the Supreme Court provides advisory explanations on the application of the relevant criminal law norms. In addition, the author formulates the criteria for determining the reality of the danger created by criminal offenses against biological security which are considered to be hazard corpus delicti.

formal and material corpus delicti, pathogens, biological threats, biota, infection, contamination