Міжвідомчий Науково-методичний збірник
"Криміналістика і судова експертиза"
ISSN: 2786-7072 (Online); ISSN: 2786-7080 (Print)
PDF vypusk_68-182-196 Завантажень: 43, розмiр: 367.3 KB

DOI: https://doi.org/10.33994/kndise.2023.68.18

V. Kutsenko, M. Leonenko, P. Nazarenko, D. Shyian, O. Shyian

The article deals with the analysis of scientific views, theoretical provisions and legislation, and examines the forensic characteristics of the deliberate introduction in the circulation of hazardous products on the market of Ukraine (release to the market of Ukraine).
The subject of the investigated crime is dangerous products. The main task of the stage of preparation for this crime is the deliberate creation of conditions for its commission. The method of directly committing the crime in question is the introduction into circulation (release on the Ukrainian market) of dangerous products, committed on a large scale. The methods of concealing the analyzed crime can be 1) destruction of the most dangerous products; 2) destruction of the raw materials from which it was made; 3) destruction or concealment of equipment on which hazardous products were produced or packaged (packaged); 4) destruction of documentation, which indicated the origin of the product or recorded the processes of economic activity associated with it; 5) making changes to the documents on the results of product testing; 6) a statement that the person did not know that the product was dangerous; 7) concealment of vehicles used to transport hazardous products. The typical consequences of the commission of the crime under study are the infliction of harm to human life, health, property or liability rights, as well as the environment.
An obligatory sign of the objective side of this crime is the place of the criminal offence – the market of Ukraine, which is defined in the title and disposition of the relevant criminal law norm. The commodity market (commodity market) is the sphere of circulation of goods (interchangeable goods), for which there is supply and demand for a certain time and within a certain territory. The subject of the crime in question is general – a physically sane person who has reached the age of 16. However, this does not exclude the possibility of its commission by a special subject, in particular, an official (official). The motives and goals of the analyzed criminal offence may be different: the benefit, unwillingness to spend energy and time on the proper manufacture or sale of good-quality products or good-quality goods or the performance of good-quality work or the provision of good-quality services, the desire to improve the work of the enterprise, personal interest, commission in the interests of third parties and etc.

Key words: forensic characteristics, crime, way of committing, dangerous products, introduction into circulation, circulation on the market, release to the market, market of Ukraine.