THE COMPOSITION RATIO OF CRIMES UNDER ARTICLE 139 AND 140 OF THE CRIMINAL CODE OF UKRAINE

Abstract

This article defines the bodies of the crimes with common elements may cоrrelate either as neighboring or as bodies of the crimes, envisaged by the competing provisions. Deals with the problem of differentiation a crime under Article 139 of the Criminal Code of Ukraine from penal act under Article 140 of the Criminal Code of Ukraine. The criteria, which determine the nature of such correlation of the bodies of the crimes with common elements are singled out. This article also carries out the criminal and legal analysis of the corpus delicti data, determines the interrelated characteristics of their elements and singles out that features according to which they must be differentiated determining the criminal and legal qualification. The conclusions of this article give the basic criteria of crime differentiation determined by the articles 139 and 140 of the Criminal Code of Ukraine which are necessary to be followed qualifying the corresponding acts. Allocated common (direct object , socially dangerous act, socially dangerous consequence (a crime under part 2 Article 139 and part 1 Article 140 of the Criminal Code of Ukraine) and distinctive (the circumstances of the crime, socially-dangerous consequences (a crime under part 1 Article 139 and part 1 Article 140 of the Criminal Code of Ukraine), the form of guilt) features. There have been cases of incorrect qualification of criminal actions of medical workers in judicial practice.