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The article is devoted to the study of the issue of distinguishing the corpus delicti of a malicious failure to fulfill the obligations to take care of a child or a person under guardianship or custody (Art. 166 of the Criminal Code of Ukraine) from such related corpus delicti of criminal offences as “Domestic violence” (Art. 126-1 of the Criminal Code of Ukraine), “Leaving in danger” (Art. 135 of the Criminal Code of Ukraine) and “Abuse of the rights of guardian” (Art. 167 of the Criminal Code of Ukraine). The author analyzes these corpus delicti, compares them, identifies the features by which these corpus delicti should be distinguished, studies the case law, formulates recommendations on the qualification of these crimes as well as proposes improvements to the law on criminal liability. The author shows that the corpus delicti of the crimes, provided for by Art. 126-1 and 166 of the Criminal Code of Ukraine, should be distinguished by objective (form of action, systematic character) and subjective (form of guilt) features. The author proves that intentional economic violence, committed by means of abandonment without care and guardianship with deliberate attitude towards the consequences, should be qualified under Art. 126-1 of the Criminal Code of Ukraine. Under Art. 126-1 and Art. 166 of the Criminal Code of Ukraine, the act can be qualified only in the case of a real combination. The author substantiates that the main objective feature by which it is necessary to distinguish the corpus delicti of crimes under Art. 135 and Art. 166 of the Criminal Code of Ukraine is an availability of a life-threatening condition. When committing a crime under Art. 166 of the Criminal Code of Ukraine, the victim is not in such a condition. If there are grounds, the previous behaviour of a person, placing a child or a person with limited capacity (incapacity) in a life-threatening condition, requires separate qualification under Art. 166 of the Criminal Code of Ukraine. The author argues that the corpus delicti of criminal offences under Art. 166 and Art. 167 of the Criminal Code of Ukraine should be distinguished both according to objective (act) and subjective features (form of guilt, purpose, subject). It is proved that the objective elements of the crime under Art. 166 of the Criminal Code of Ukraine do not cover such actions as abuse of rights. The author supports the proposal to include parents in the circle of subjects of the crime under Art. 167 of the Criminal Code of Ukraine in order to fill the gap in the law concerning qualification of abuse of parental rights for mercenary purposes to the detriment of children.
В. Р. Філіпенко (Fri,) studied this question.