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DIRECT OBJECT OF NEGLIGENCE: APPROACHES TO THE DEFINITION

Murina Yulia Viktorovna  (postgraduate student of the postgraduate study of the Siberian law university (Omsk) )

the article is devoted to the problem of determining the content of the immediate object of negligence. The author analyzes two approaches to solving this problem. According to the first of them, negligence is recognized as a multi-object crime, according to the second, the immediate object is considered comprehensively without highlighting the main and additional objects. As a result, it is concluded that the main direct object of negligence should be recognized as the public attitude, which determines the duty of an official, which he must properly perform in the exercise of his functions. The complex character of the additional object is noted. Taking into account the analysis of judicial practice, it is proposed to consider public relations that ensure the authority of the authorities (other places) in which officials exercise their functions as an optional direct object of negligence. Adhering to the generally accepted definitions of the corpus delicti and the subject of the crime, the author critically evaluates the opinions expressed in the scientific literature on the objectivity of negligence.

Keywords:immediate object, negligence, main object, additional object, optional object, object of negligence

 

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Citation link:
Murina Y. V. DIRECT OBJECT OF NEGLIGENCE: APPROACHES TO THE DEFINITION // Современная наука: актуальные проблемы теории и практики. Серия: ЭКОНОМИКА и ПРАВО. -2023. -№04/2. -С. 71-77 DOI 10 .37882/2223–2974 .2023 .04–2 .08 НЕ
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