Criminal Liability for Causing Death by Negligence: Problems of Legal Regulation and Practice

The purpose of the research. The article deals with the problems of legal regulation and the practice of applying criminal penalties for causing death by negligence. The article analyzes certain aspects of investigative actions and the appointment of criminal penalties for causing death by negligence in the context of the transformation of the Russian criminal legal system, the ongoing changes in the modern mechanism of legal regulation. The aim of the study is to establish and identify problematic aspects of the legal regulation of investigative actions and the imposition of criminal penalties for causing death by negligence. This looks important from the standpoint of the development of the Russian system of legislation in the context of further democratization of society, a combination of the principles of humanization and the inevitability of punishment. Results. As a result of the study, the author comes to the conclusion that the extremely generalized approaches to determining the corpus delicti in Art. 109 of the Criminal Code of the Russian Federation can lead to a broad interpretation of the objective and subjective side of illegal acts. In investigative actions and law enforcement practice, the mechanism for applying the norms of criminal law from the standpoint of determining the motivation of the subject of criminal actions is not sufficiently developed. The author believes that this situation requires the introduction of both regulatory changes at the level of laws and regulations, and the development of appropriate departmental instructions and recommendations for investigative and judicial authorities.

legal regulation, investigative actions, the practice of applying criminal penalties, causing death by negligence, judicial authorities