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
Related Articles
- EP ID EP477347
- DOI -
- Views 62
- Downloads 0
CURRENT STATE AND INTERNATIONAL LEGAL REGULATION OF UKRAINE-JORDANIAN RELATIONS IN TRADE AND ECONOMIC
The basic preconditions and factors of intensification of relations between Ukraine and Jordan in the context of Middle East foreign policy vector of Ukraine were disclosed. The features of the implementation of bilatera...
ORGANIZATION OF MANAGEMENT IN THE OF SYSTEM Міа OF UKRAINE MODERN CONDITIONS
The article is sanctified to the questions of organization of management in the system МВС of Ukraine in the conditions of reformation. The organizational and legal basis, problems and reasons of imperfetion of administr...
CRIMINAL LAW ASSESSMENT OF UNJUST DECISIONS
The relevance of the topic covered by this article lies in fact that to date there have been initiated a lot of criminal proceedings in respect of judges in accordance with article 375 of the Criminal Code of Ukraine. In...
THE MECHANISM OF INTRODUCING A PER CAPITA TAX SYSTEM ON THE TERRITORY OF THE LEFT BANK OF UKRAINE IN THE SECOND HALF OF THE XVIII CENTURY
The article is devoted to the main tendencies of the introduction of the system of per capita taxation on the Left Bank in the second half of the 18th century. The author analyzes the basic normative acts of that time, s...
THE LEGAL STATUS OF THE SPECIALIZED ANTI-CORRUPTION PROSECUTOR’S OFFICE OF UKRAINE: NOTION AND ELEMENTS
In the article the scientists’ different views concerning the legal status and its structural elements of the public prosecutor’s offices are analysed. It is stressed that by the notion of “legal status” one should under...