The Article of Deliberate Entry into the Market of Ukraine (Release to the Market of Ukraine) of Dangerous Products
In the article, based on the analysis of scientific views, theoretical positions and legislation, the problem of determining the crime article - deliberate entry into the market of Ukraine (release to the market of Ukraine) of dangerous products has been investigated. The purpose of the article is to solve the problematic issues of determining the crime article – deliberate entry into the market of Ukraine (release to the market of Ukraine) of dangerous products. According to the disposition of Article 227 of the Criminal Code of Ukraine the object of the crime provided by this norm is dangerous products, that is, such products that do not meet the requirements on product safety established by regulatory legal acts. The Law of Ukraine of October 2, 2010 No. 2735-VI, in particular, changed the characteristics of the object of the crime under investigation - products (and/or goods) from defective or incomplete to dangerous. This was erroneous in order to ensure the legal protection of consumers' rights to the proper quality of goods (works, services) and to substantiate the prevention of illegal acts with defective products. The legislation of Ukraine does not definitively regulate the relation between the concepts of "products", "goods", "works" and "services". Product safety is one of the components of its quality. Therefore, dangerous products are a kind of poor-quality products. In order to protect the rights of consumers to the proper quality of goods (works, services) by criminal means in the new edition of the title and disposition of Part 1 of Article 227 of the Criminal Code of Ukraine, the following is proposed. A feature of the article of this crime is offered - the danger of being replaced by bad quality. It is suggested to add product, work and service indications to the product listing. It is proposed that the article of this crime be recognized as defective goods, products and materialized results of services and works. It is proposed to provide a sign of danger of products, goods, works or services ...