Endangerment: foreign experience and realities of martial law in Ukraine

Abstract

In this article, from the point of view of a comparative analysis, the legal provisions of the criminal legislation of some foreign countries, dedicated to the regulation of criminal liability for endangerment, are considered. The characteristic features of the method of normative display of the features of the crime, the use of different approaches to the differentiation of criminal liability are analyzed. The need for the implementation of certain provisions in the process of implementing the domestic criminal law policy has been defined and substantiated.
In particular, Part 3 of Article 135 of the Criminal Code of Ukraine provides for responsibility for "Actions provided for in Parts One or Two of this Article, if they caused the death of a person or other grave consequences." In foreign countries, committing such acts may require other qualifications. In particular, if a person left another person in danger with the intention of encroaching on his life, then in such cases the culprit is punished as for intentional murder. In some countries, there is liability for holding another person from providing assistance or hindering it. There is also differentiation in the age of the injured person, which can lead to the definition of a different list of persons who are obliged or should provide assistance to them. In addition to the specified opportunities for improving the current criminal legislation, the peculiarities of the application of the specified norm under martial law were considered.