THE PROBLEM OF DEFINITION OF SOCIALLY DANGEROUS CONSEQUENCES OF THE ABUSE OF AUTHORITY BY AN OFFICIAL OF A LEGAL ENTITY OF PRIVATE LAW, IRRESPECTIVE OF ORGANIZATIONAL AND LEGAL FORM
Journal Title: Міжнародний науковий журнал "Інтернаука". Серія: "Юридичні науки" - Year 2018, Vol 1, Issue 7
Abstract
In this article, issues of socially dangerous consequences of the abuse of authority by an official of a legal entity of private law, irrespective of organizational and legal form, are considered. Legislative changes to the Note to Article 364 of the Criminal Code of Ukraine, scientific approaches to the establishment of significant harm and severe consequences of abuse of authority by an official of a private law entity, regardless of the organizational and legal form, taking into account the latest changes, and judicial practice, are analyzed. It has been established that the socially dangerous consequences, according to the current version of Article 3641 of the Criminal Code of Ukraine, is the infliction of serious harm to the rights protected by law or to the interests of individual citizens or to public or public interests or interests of legal entities (Part 1, article 3641 of the Criminal Code) consequences in accordance with Part 2 of Art. 3641 of the Criminal Code of Ukraine. The Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine in the Sphere of the State Anti-Corruption Policy in Connection with the Implementation of the Action Plan for the Liberalization of the Visa Regime for Ukraine by the European Union" of May 13, 2014 significantly reduced the damage to official crimes only to a material expression, unlike the previous one edition of paragraph 3, 4 Notes to the article 364 of the Criminal Code of Ukraine. Such changes created a certain problem at the level of the criminal law doctrine and judicial practice for establishing significant harm and serious consequences in articles 364, 3641, 365, 3652, 367 of the Criminal Code of Ukraine. A number of scientists and practitioners named in the article support the position that, despite recent changes in legislation, the object of criminal legal protection of abuse is reduced not only to material aspects. After all, harm can be inflicted on those rights and freedoms, which in themselves have no value expression. However, in this work, there are enough arguments to understand the concept of "significant harm" only as harm of a material nature.
Authors and Affiliations
Roman Gora
Keywords
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- EP ID EP580576
- DOI 10.25313/2520-2308-2018-7-4164
- Views 136
- Downloads 0
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