CRIMINAL AND LEGAL CHARACTERISTICS OF THE UNLAWFUL ENRICHMENT CRIME COMPONENT
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 3, Issue
Abstract
The author researches the composition of the legal attributes of the unlawful enrichment crime components. Based on the analysis of legislation acts regulating the authorities of the entities authorized to the fulfillment of the functions of state or local government it was determined that these entities (functionaries), may fulfill any of the functions stipulated by p. 3 art. 18 Criminal Code of Ukraine. It is grounded that the formulation of the notion of the special subject of main crime composition provided for by art. 368-2 Criminal Code of Ukraine, is a consequence of the imperfect legal practice. The author analyses the types of entities authorized to the fulfillment of the functions of state or local government, stipulated by c. 1 p. 1 art. 3 of the Law of Ukraine “About prevention of corruption” and types of officials occupying the responsible or especially responsible position stipulated in the note 2 and 3 to art. 368 Criminal Code of Ukraine, as a result of which it was determined that such types of entities practically coincide. In connection with this, it is believed that such terminological formulation of the subject of the crime component as “Unlawful enrichment” creates the preconditions for the subjective assessment of the committed crime. It was researched that the indication to the fulfillment of the functions of state or local government by the entity, in certain cases allows avoiding the criminal liability for the act which was committed during the activity connected with the fulfillment of the functions of state or local government, but the features of which were manifested after its termination. Due to this, it is suggested to formulate the characteristics of the crime components, as stipulated in art. 368-2 Criminal Code of Ukraine with the consideration of the condition of the socially dangerous act committed.
Authors and Affiliations
І. М. Ясінь
Keywords
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