History of evolution of criminal liability for extortion in Ukraine (1845–2001 years)

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History of evolution of criminal liability for extortion in Ukraine (1845–2001 years)

Journal Title: ПИТАННЯ БОРОТЬБИ ЗІ ЗЛОЧИННІСТЮ - Year 2018, Vol 1, Issue 35

Abstract

The article provides a study of the history of criminal responsibility for extortion in accordance with the legislation of Ukraine during its stay in the Russian Empire, the Union of Soviet Socialist Republics and independence in the 19–21 centuries for the period of 1845–2001 years, until the Criminal Code of Ukraine 2001 came into force. The requirement in Art. 406 Penal Code Criminal and Corrective 1845, and in Art. 377 in the wording of the Articles of 1866 and 1885 recognized: 1) any profit or other benefit obtained in the cases of servitude in the form of harassment or threats and in general, fear of harassment; 2) any claim for gifts or legally determined fees or loans, or any services, pr ofits or other benefits in a case or action relating to the service or the position of the perpetrator, including for any reason; 3) any non-established by law or superfluous in comparison with a certain amount of collection of money, speeches or something else; 4) any unlawful orders to ordinary citizens of their own or someone’s work. It is interesting that the actions of the accomplices of extortion were punished not by the same article 406, but under Art. 409 Penal Code Criminal and Corrective 1845, (Article 380 in the wording of the Articles of 1866 and 1885) – as accomplices punished: persons who contributed to the viciousness by taking gifts or bribes that were mediators in the requirements for the transfer or receipt thereof, etc. In the Criminal Code of 1903, the legislator first identified extortion as a special kind of taking possession of someone else’s property (by this time it was a component of the property). Before that time Ukrainian criminal law operating on lands under the authority of the Russian Empire did not know the general concept of this crime. In the territories of Ukraine, the western lands, which were under the control of the Polish state, the Moldavian principality, Hungary, and then the Austro- Hungarian state and were not under the rule of the Russian Empire, the notion of extortion was known earlier – for example, in the Hungarian criminal code about crimes and misdemeanors 1879. Art. 188 of the Criminal Code of the Ukrainian SSR in 1927, «Еxtortion» as a whole corresponds to Art. 194 of the Criminal Code of the Ukrainian SSR in 1922. The differences between them are as follows: Art. 194 of the Criminal Code of the USSR in 1922, speaking of the requirement of committing any actions, does not put the conditions, in contrast to Art. 188 of the Criminal Code of the Ukrainian SSR in 1927, so that these actions were «property character»; In addition, extortion under the threat of disclosure of information that defames the victim was not foreseen in Art. 194, and Art. 195 of the Criminal Code of the USSR in 1922 (blackmail). Also in the Criminal Code of the USSR in 1922 there was no property as a separate subject of extortion. There were no qualifying attributes in the extortion pr escribed by art. 194 of the Criminal Code of the USSR in 1922, or by art. 188 of the Criminal Code of the Ukrainian SSR in 1927. The Criminal Code of the USSR in 1960 provided for criminal liability for the еxtortion of individual property in art. 144 of the Criminal Code, and since 1989 for the extortion of state or collective property (Article 86–2 of the Criminal Code). To clarify the content of the Criminal Code of the UkrSSR in 1960 helped to resolve the Plenum of the Supreme Court of Ukraine: «On the execution by the courts of the Republic of legislation on liability for selfish crimes against personal property» dated June 30, 1989, No. 4, and subsequently – «On judicial practice in matters of self-interest crimes against private property» dated 25.12.1992, No. 12.

Authors and Affiliations

О. А. Ковтун

Keywords

extortion. organized group. the composition of the crime. competition of norms.

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EP ID EP534252
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