VIOLATIONS DURING THE DESIGN OR CONSTRUCTION OF THE RULES CONCERNING THE SAFE OPERATION OF BUILDINGS AND STRUCTURES: CRIMINAL AND LEGAL CHARACTERISTICS CONSIDERING THE EFFECT OF MARTIAL LAW
DOI:
https://doi.org/10.17721/1728-2195/2022/3.122-12Keywords:
violation of the rules for the operation of buildings and structures, legislation of Ukraine in the field of urban planning, design and construction, martial law.Abstract
The purpose of the article is to investigate the specific criminal-legal content of the legal components of criminal offenses, the specific part of which is provided for by the Article 275 of the Criminal Code of Ukraine, in terms of violation during the design or construction of the rules related to the safe operation of buildings and structures; the provisions of regulatory legislation and its application are regarded as well as martial law actions are considered.
To achieve the set goal and the defined tasks, the following methods make the basis of the research: logical and normative – for the analysis of regulatory and criminal legislation on the safe operation of buildings and structures; system analysis – for consideration of normative compositions of criminal offenses related to the violation during the design or construction of the rules referring to the safe operation of buildings and structures.
The problem of filling the objective characteristics of the legal components of criminal offenses with specific criminal and legal content, the definite part of which is provided for by Article 275 of the Criminal Code of Ukraine, is highlighted.
It has been formulated in the conclusions that filling the objective characteristics of the legal components of criminal offenses with specific criminal and legal content, the specific part of which is provided for by Article 275 of the Criminal Code of Ukraine, is carried out with the help of the provisions of the regulatory legislation of Ukraine, building codes, state standards and rules, other acts of application are treated a general and individual action.
It was also investigated that during the period of martial law, no changes were made to the criminal legislation of Ukraine regarding the criminal protection of the safe operation of buildings and structures; some changes were introduced to the regulatory legislation, which directly affect the formation of the specific criminal law content of criminal offenses, specific part of which is provided for by Article 275 of the Criminal Code of Ukraine.
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