Актуальні питання вдосконалення кримінальної відповідальності за незаконне збагачення

Abstract

Yurchyshyn I. B. Relevant issues of improvingcriminal liability for illicit enrichment. – Article.The article is dedicated to exploration of theproblems of legal regulation of criminal liability forillicit in Ukraine. The author is looking atthe provisions of Article 3685 of the Criminal Code ofUkraine, which designate criminal liability for illicitenrichment, carries out research some of the features ofthis crime, which, in the author opinion, cause difficultiesin criminal qualification and further examination of thiscrime. Emphasizing that the problem of levy inUkraine will remain deficient will be investigated and thepractice of national anti-corruption bureaus of Ukrainewill testify that it is partly difficult to investigate illegalenrichment involved in the inadequate of norm 3685 ofthe Criminal Code of Ukraine. First of all, the attentiondraws to consolidation in the statute of the subject ofthe crime. While the author remind about changes whichhas been formulated of the subject during the existencein Ukraine of criminal liability for illicit enrichment.The relation is considered between the terms ‘official’and ‘a person authorized to perpetrate the functions of84 Прикарпатський юридичний вісникthe state or local self-government’ and also the questionabout the expediency of introduction of the last one.During the exploration of the objective side of the crimeof illegal enrichment draws attention to the fact thatthe practice of the National Anti-Corruption Bureauof Ukraine designate of essential defects in wording ofthis component in Article 3685 of the Criminal Code ofUkraine. The author tries to demonstrate this by analyzingthe definition of the term ‘acquisition of assets’ which isformulated in the item number 2 of the remark to thisarticle : the problem of estimating income to establish thefact of their excess, the importance to take into accountthe income of family members of the offender, etc. Alsohere analyzed the subjective side of the crime. Especially,attention is drawn to the intentional purpose of the act asa feature of the subjective side of illicit andin this context compares the provisions of Article 3685of the Criminal Code of Ukraine with the provisions ofArticle 20 of the UN Convention against Corruption. Inthe end, the author formulates the inference he reachedas a result of the study and also makes suggestionsdirected at improving Article 3685 of the Criminal Codeof Ukraine, among which he offers a new editorship.