PROBLEMATIC ISSUES ARE THE DELINEATION OF THE CONCEPTS OF EXTORTION OF UNLAWFUL BENEFITS AND THE REQUEST TO PROVIDE IT
Journal Title: Юридичний бюлетень - Year 2018, Vol 7, Issue 2
Abstract
The author discussed the similarity and similarity of the concepts of “demand” and “request” of illegal benefits; given examples of incorrect use by the courts of relevant articles of the Criminal Code of Ukraine, analyzed causes of errors, offered ways of their overcoming. In particular, a distinction has been made between one of the alternative features of the main components of “crimes of unlawful profit” and qualifying “gaining undue advantage by extortion”, as well as analyzing the relevant legislative and enforcement mistakes, and proposing ways to resolve the problems that they are caused. The correlation between articles of the Criminal Code of Ukraine in which there are signs such as request, extortion, and unlawful gain with certain norms of the Law of Ukraine “On Prevention of Corruption” are conducted. The dissertation analyzes the opinions of the scientists involved in the fight against corruption offenses, the relevant judicial practice, provides concrete examples of the criminal courts' consideration of criminal offenses, which allowed incorrect interpretation of the above concepts, drew attention in detail and grounded the position regarding the incorrect application of the relevant norms of the Criminal Code of Ukraine. According to the results of the study, particular attention was paid to those legislative errors, which are still present in the Criminal Code of Ukraine, the ways of their solution are indicated, as well as certain recommendations concerning application of the relevant standards by the practical workers in exact conformity with the legislation are given.
Authors and Affiliations
Дмитро Анатолійович Третьяков
Keywords
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