Subjects of Criminal Offences in the Field of Traffic Safety and Operation of Water Transport (original) (raw)

Purpose. The article is devoted to the research of peculiarities and kinds of subjects of criminal offences in the field of traffic safety and operation of water transport, as well as differences in the composition and the place of this group of criminal offences in the current Criminal Code of Ukraine (hereinafter-CC of Ukraine), the Criminal Code of the USSR of 1960 (hereinafter-CC of the USSR) and the draft Criminal Code of Ukraine (hereinafter-draft CC of Ukraine). Research Methods. The paper is executed by applying methods of classical, non-classical and post-non-classical methodology. Results. General characteristic of criminal offences in the field of traffic safety and operation of water transport, included into the CC of Ukraine, is provided. Description of general subjects of criminal offences in the mentioned field is studied. Features of special subjects are analyzed. The following is determined: the reference to a special subject may be contained as at the title (article 285 of the CC of Ukraine), as at the disposition (article 284 of the CC of Ukraine). It is illustrated, that determination of features of special subjects of the present kind of criminal offences requires research of significant volume of legal acts (international treaties, laws of Ukraine, as well as subordinate legislation), governing public relations in the field of traffic safety and operation of water transport, as well as respective judicial practice and scientific literature. The significance of the category of special (professional) sanity is considered. Particular attention is drawn to the issues of criminal liability of a master as a person, who bears increased liability for ensuring traffic safety and operation of vessels. Conclusions. The following tendency is discovered: criminal infractions provide liability, as a rule, of special subjects, whereas crimes, majorly, do not contain additional requirements regarding subjects, namely provide liability of general subjects. Discovered tendency is grounded, obviously, by increased degree of public danger of this category of crimes. Available scientific approaches to the definition of the term "water transport worker" are analyzed, and it is proposed to define it for the purposes of criminal legislation as a natural person, who conducts activity regarding ensuring traffic safety and operation of water transport.