VIOLATION OF THE RULES GOVERNING THE SAFE OPERATION OF BUILDINGS AND STRUCTURES DURING DESIGN OR CONSTRUCTION: SPECIFIC FEATURES OF THE OBJECTIVE ASPECT IN THE CONTEXT OF THE NORMATIVE UNDERSTANDING OF THE CONCEPT OF "RULES"

Abstract

Background. The objective aspect of a criminal offense is one of the key elements of the corpus delicti, as it reflects the external manifestation of unlawful conduct, its social dangerousness, and its connection with harmful consequences. Particular importance in this regard lies in Article 275 of the Criminal Code of Ukraine, which establishes liability for violations during the design or construction process of rules governing the safe operation of buildings and structures. The purpose of this study is to analyze the objective aspect of the criminal offense provided for in Article 275 of the Criminal Code of Ukraine, focusing on the criminal-law meaning of the concept of "rules related to the safe operation of buildings and structures".

Methods. The study employs the formal-legal method to interpret Article 275 of the Criminal Code of Ukraine and related construction regulations. The system-structural method is used to examine the elements of the objective aspect of the offense and to determine the role of rule violations within the overall structure of the corpus delicti.

Results. The study demonstrates the practical significance of the objective aspect of the criminal offense provided for in Article 275 of the Criminal Code of Ukraine. It is established that the proper determination of the rules governing the safe operation of buildings and structures is crucial for the correct criminal-law qualification of the act. The findings show that the criminal-law content of the concept of "rules" directly affects the existence or absence of the corresponding corpus delicti.

Conclusions. The relationship between regulatory and criminal legislation in defining the concept of "rules" under Article 275 of the Criminal Code of Ukraine is examined. Two approaches are identified: a narrow approach and a broad approach. The narrow approach is consistent with the Constitution of Ukraine, criminal legislation, and the case law of the European Court of Human Rights. The broad approach encompasses all regulatory requirements for compliance with safety rules during the design and construction of buildings and structures and reflects the spirit of the law. The choice of approach significantly influences criminal-law qualification and legal certainty in law enforcement practice.