Definition of other severe consequences in the particularly qualified composition of abandonment in danger

The article is devoted to the definition of other grave consequences in the especially qualified composition of abandonment in danger, their study, as well as the justification of the need for their legislative consolidation in the text of Article 135 «Abandonment in danger» of the Criminal Code of Ukraine. An analysis was also carried out of the resolutions of the Plenums of the Supreme Court of Ukraine concerning criminal offenses for other objects of encroachment, containing a list of grave consequences and the reasoning for defining them as grave for these criminal offenses. An analysis of the positions of scientists on the inclusion of the concept of other severe consequences of abandonment in danger of causing moderate and serious bodily injuries to the victim, as well as the disappearance of the victim, is carried out. Based on the research conducted, taking into account the provisions of the current criminal legislation of Ukraine, which establishes criminal liability for intentional infliction of moderate and serious bodily injuries to the victim, a list of consequences that determine the especially qualified composition of abandonment in danger (moderate severity, severe bodily injuries and the disappearance of the victim) is proposed to be consolidated in the text of the article itself. In addition, in order to comply with the principle of fairness in imposing punishment, as well as to take into account the severity of the criminal offense committed and the socially dangerous consequences that have occurred, a new version of Article 135 «Abandonment in danger» has been proposed, in which criminal liability for leaving in danger, which caused moderate bodily injuries to the victim, will be provided for in a new separate part of the article. Severe bodily injury, as well as the disappearance of the victim, if such consequences occurred in the event of abandonment him in danger, should be defined as a particularly qualified element of abandonment him in danger and provide for criminal liability under a single separate part of the article. In turn, Parts 1 and 2 of Article 135 of the Criminal Code of Ukraine, which provide for criminal liability for abandonment someone in danger that did not lead to socially dangerous consequences (formal components of criminal offenses), should be left in their current wording.