ПРЕДМЕТ НЕЗАКОННОГО ЗБАГАЧЕННЯ ЯК ЕЛЕМЕНТ КРИМІНАЛІСТИЧНОЇ ХАРАКТЕРИСТИКИ

Abstract

Today, illegal actions related to the acquisition of assets by a person authorized to perform the functions of the state or local self-government, exceeding his legal income in the amount established by law, are quite common in Ukrainian society. A significant role in the investigation of a criminal offense is played by the correct understanding of its forensic characteristics, among the elements of which the correct understanding of the subject of the offense is important. The purpose of the article is to study the peculiarities of the subject of illegal enrichment, as one of the elements of criminalistic characteristics. The main results of the research were reflected in the detailed characteristics of individual values that can act as acquired assets. It is emphasized that money, as a subject of illegal enrichment, can be considered both in national and foreign currency. At the same time, the exclusive list of objects belonging to the specified definitions is defined in the branch legislation. It is emphasized that the legally established concept of the definition of «property» for the purposes of recognizing it as a subject of illegal enrichment is somewhat limited, which makes it necessary to take into account the provisions of the United Nations Convention against Corruption, ratified by Ukraine, in which the specified concept is more detailed. The legal unsettlement of the legal regime of such a subject of illegal enrichment as cryptocurrency is emphasized. It is also stated that for the purposes of law enforcement in the part of proving the subject of illegal enrichment under services, it is appropriate to consider a certain activity not related to the creation of a thing or its improvement, which aims at the appearance of a certain good, capable of satisfying certain needs and endowed with consumer value. Defining the subject of illegal enrichment as an element of criminalistic characteristics, it is advisable to take into account both the peculiarities of the normative and legal consolidation of the peculiarities of each of them, as well as the law enforcement practice that has developed at the present time in Ukraine. It is the combination of these two approaches that will make it possible to properly consolidate evidence during the investigation of the facts of illegal enrichment by a person authorized to perform the functions of the state or local self-government.