dc.description.abstracten |
The article provides an analysis of the issues pertaining to commission of acts characterized as such under the Criminal Code of Ukraine by a person, who is not engaged in any activities, without adequate training, experience and knowledge. Cases where incompetence is simple have been identified. Elements of criminal incompetence are indicated and an algorithm is proposed to evaluate the acts committed by such persons. The conclusion is argued that the commission of acts under the Criminal Code of Ukraine by a person who did not know certain circumstances, but could and should have known them, does not exclude criminal liability. Author is tried to demonstrate modern problem of criminal incompetence by the measures of legal fixation and law enforcement practice. Readers could be interested in typical situations of criminal incompetence, algorithm of legal assessment of this phenomenоn and perspectives of researches. Key words: incompetence, crime, liability. |
uk |