SOME ASPECTS OF THE LEGISLATIVE DEFINITION OF THE CONCEPT «UNCERTAINTY BENEFIT»

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SOME ASPECTS OF THE LEGISLATIVE DEFINITION OF THE CONCEPT «UNCERTAINTY BENEFIT»

Journal Title: Юридичний науковий електронний журнал - Year 2018, Vol 2, Issue

Abstract

The article is devoted to the issue of legislative consolidation of the concept of «unlawful profit». It has been established that «unlawful profit» has certain features: a) a list of values (benefits) such money or other property, benefits, services, intangible assets, any other benefits of intangible or non-monetary nature; b) a list of possible acts with these values. They are promised, offered, given or received; c) an indication of illegality without legitimate reasons. It has been determined that the concept of «unlawful profit» was fixed at the legislative level and violated the basic principles of legislative technique such as specificity, definiteness of the wording of the law, logical sequence of the rules of the law, consistency of the law with each other, and with other legislative acts; clarity and completeness of the wording of the law; the statement of the rules of the law is simple and accessible to a competent person in the language; minimizing the number of laws(the number of laws on the same issue in the same area should be as small as possible); the unity of legal terminology(the whole text of the law should apply a single terminology). It is noted that taking into account the artificiality of replacing the notion of «wrongful advantage» provided by a number of international conventions with the notion of «wrongful benefit» in domestic law. It is necessary to bring the official translations of international conventions ratified by Ukraine and national legislation in line with the law. The inconsistency in the legislative definition of the criminal legal concept of unlawful benefits in the Notes to Art. 160, 354 and 364-1 of the Criminal Code of Ukraine. In particular, the word «money or other property» is used as a subject of bribing voters, referendum participants, and in all other cases the phrase «money or other property» is indicated in terms of bribery. The necessity of the introduction of appropriate changes to Part 2 of the Notes to Art. 354 of the Criminal Code of Ukraine. It is proposed to lay down part 2 of the Notes to Article 354 of the Criminal Code of Ukraine in such way: “ The unlawful gain in this article and in Articles 364, 364-1, 365-2, 368, 369, 369-2, 370 of the Criminal Code of Ukraine should be considered as cash or other property, benefits services, intangible assets and any other benefits of immaterial or non-monetary nature which offer, promise, grant or receive without legal justification «.

Authors and Affiliations

Т. А. Павленко

Keywords

EP ID EP642949
DOI -
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