OBJECTIVES OF ILL-WILL: REVIEW OF JUDICIAL PRACTICE
Journal Title: Актуальні проблеми вітчизняної юриспруденції - Year 2018, Vol 2, Issue 2
Abstract
The article is devoted to the analysis of judicial practice that has developed in the legal system of Ukraine during the last 5 years in the part of attracting special subjects to criminal liability for extortion of unlawful benefits. 100 sentences have been analyzed and summarized in the corresponding category of criminal proceedings. It is concluded that the sanctions set forth in Part 3 of Art. 368 of the Criminal Code of Ukraine, the punishment for such a form of socially dangerous conduct by the courts of Ukraine practically does not apply. The most popular punishment for such a crime in Ukraine is a fine. In addition, in all investigated materials, the initiative to transfer unlawful benefits is precisely from a special subject, which is not typical of the classical bribery, and may serve as the basis for proposing the formulation of an independent composition claims of Unlawful Benefit.
Authors and Affiliations
М. В. Хмиз
Keywords
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