THE PROBLEM OF LEGISLATIVE FORMULATION OF THE CORPUS DELICTI OF ABANDONMENT IN DANGER AND THE EXISTING CONTRADICTION IN THE CONTEXT OF ANALYSIS OF OTHER LEGAL NORMS

Abstract

The article is devoted to social and moral grounds and necessity of legislative enshrinement of the corpus delicti of abandonment in danger cited by the Criminal Code of the RA, and comments of various criminologists on this issue. The problem of legislative formulation of the corpus delicti of abandonment in danger in the RA Criminal Code and the existing contradiction in the context of combination with other provisions of the Criminal Code have been raised, and a number of necessary recommendations has been proposed. The wording available in the special part of the criminal legislation of the RA regarding the mentioned corpus delicti contradicts one of the universal legal regulations fixed and declared by the general part of that legislation, and this article aims to raise and solve the problem that has unintentionally arisen. In particular, according to the existing definition, if a person shows inactivity, then, in any case, the person is subject to criminal liability, which in itself causes a contradiction with other criminal law regulations. Meanwhile, according to the Criminal Code of the RA, an act committed through inaction causes criminal liability if a person has a duty to perform an action by a legal act, or this duty derives from his/her assumed obligation, or derives from his/her previous behavior that endangered the interests protected by the law or caused damage to someone.