{"title":"Regarding actusreusas a sign of the corpus delicti of a crime provided for in the Art. 281 of the Criminal Code ofUkraine","authors":"Олександр Олексійович Квітка","doi":"10.21564/2311-9640.2020.13.205792","DOIUrl":null,"url":null,"abstract":"The article is devoted to clarifying the specific content of the forms of actus reus as a sign of the objective side of the crime under the Art. 281 of the Criminal Code of Ukraine. The definition of the concept of \"violation\" in regulations and in the works of scientists who have researched the crimes with this concept is considered.The definition of violation of rules related to air flight safety is formulated as non-observance or improper observance of safety requirements stipulated by the flight rules or implementation during operation of aircrafts, aerodromes, etc. directly prohibited in the rules actions by persons – non-employees of air trans-port, who operate aircraft (both manned and unmanned), as well as perform ground work related to their use.It is concluded that violation of rules related to air flight safety is expressed both in the form of active action (transmission of commands to aircrafts or un-manned aerial vehicle mechanisms to change or start traffic, report inaccurate in-formation to other air traffic participants) and inaction expressed in failure to per-form certain actions that a pilot or operator of an unmanned aerial vehicle mechanism was obliged to carry out. Violations can be committed both indirectly and directly. As a rule, the illegal act of a crime under the Art. 281 of the Criminal Code consists of a set of actions and inactions that lead to socially dangerous con-sequences.","PeriodicalId":387320,"journal":{"name":"Herald of the Association of Criminal Law of Ukraine","volume":"47 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2020-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Herald of the Association of Criminal Law of Ukraine","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.21564/2311-9640.2020.13.205792","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
Abstract
The article is devoted to clarifying the specific content of the forms of actus reus as a sign of the objective side of the crime under the Art. 281 of the Criminal Code of Ukraine. The definition of the concept of "violation" in regulations and in the works of scientists who have researched the crimes with this concept is considered.The definition of violation of rules related to air flight safety is formulated as non-observance or improper observance of safety requirements stipulated by the flight rules or implementation during operation of aircrafts, aerodromes, etc. directly prohibited in the rules actions by persons – non-employees of air trans-port, who operate aircraft (both manned and unmanned), as well as perform ground work related to their use.It is concluded that violation of rules related to air flight safety is expressed both in the form of active action (transmission of commands to aircrafts or un-manned aerial vehicle mechanisms to change or start traffic, report inaccurate in-formation to other air traffic participants) and inaction expressed in failure to per-form certain actions that a pilot or operator of an unmanned aerial vehicle mechanism was obliged to carry out. Violations can be committed both indirectly and directly. As a rule, the illegal act of a crime under the Art. 281 of the Criminal Code consists of a set of actions and inactions that lead to socially dangerous con-sequences.