ПРОБЛЕМИ КРИМІНАЛЬНО-ПРАВОВОЇ ОЦІНКИ ПОСЯГАНЬ, ПОВ’ЯЗАНИХ З ВИКОРИСТАННЯМ СТАТУСУ СУБ’ЄКТА

Abstract

The article deals with issues of criminal law combating encroachments, which are characterized by the subjects' use of their status when they commit certain criminal offenses. The author draws attention to the legislative and law-enforcement problems that exist in this area and offers possible ways to solve them. It is proposed to withdraw from the disposition part 1 of Art. 364 of the Criminal Code of Ukraine indicating the purpose of obtaining an illegal benefit, replacing it with the words "in personal interests or in the interests of another natural or legal entity." The indication of the purpose of unlawful gain should also be removed from the dispositions of Art. 364-1, 365-2 of the Criminal Code of Ukraine, replacing it respectively with the words "in personal interests or in the interests of other persons" (Part 1 of Article 364-1), "in personal interests" (Part 1 of Article 365-2 ). It is proposed in clauses 3 and 4 of the Notes to Art. 364 of the Criminal Code of Ukraine to note (as was the case in the previous version of the article) that material damages are only a type of substantial damage or grave consequences of the actions provided for there. The author also suggests that article 365 of the Criminal Code of Ukraine be called "Exceeding power or official powers", providing in part 1 of the article that an official is the subject of a criminal offense, and among the qualifying features provided for in part 2 of the article, to indicate the commission of such actions by an official a person of a law enforcement agency. A new version of Art. 370 of the Criminal Code of Ukraine: "1. Provocation of bribery, i.e. inciting a person to offer, promise or give an improper advantage or accept an offer, promise or receive such an advantage, as well as a request to provide an improper advantage, in order to then expose the person who offered, promised, gave an improper advantage or accepted the offer, a promise, received or asked for such a benefit, other deliberate creation of circumstances and conditions aimed at encouraging a person to commit actions related to an illegal benefit, with the aim of his subsequent exposure, is punishable... 2. Provocation of bribery committed by an official, - shall be punished... 3. Provocation of bribery committed by an official of law enforcement agencies shall be punished.