Щодо поняття та системи злочинів у сфері господарської діяльності.

Abstract

The article is devoted to clarification of the concept and system of crimes in the field of economic activity. An attempt has been made to provide a scientifically grounded definition of the concept of “crimes in the field of economic activity”, taking into account the existing points of view of various scholars. For crimes in the field of economic activity, the author understands a deliberate socially dangerous act (act or omission), provided by the norms of Section VII of the Special Part of the Criminal Code of Ukraine, which infringes on the financial interests of the state and other economic operators, the procedure for engaging in entrepreneurial and other economic activities, consumer rights, the privatization procedure, and committed by the relevant subject in the absence of the purpose of weakening or undermining the economic basis of Ukraine. Based on the analysis of the norms of the current criminal legislation and existing classifications, an author’s model of the crime system in the field of economic activity is proposed. The system of crimes in the field of economic activity is proposed, the author proposes to represent as follows: 1) crimes against the financial interests of the state and other economic operators; 2) crimes against the order of business and other economic activities; 3) crimes against consumer rights; 4) crimes against the privatization procedure. The proposed definitions and the system of crimes in the field of economic activity do not claim to be perfect and final, but they are aimed at eliminating the problem of divergent understanding of criminal legal concepts by employees of the relevant state bodies for the proper qualification of crimes in the sphere of economic activity in the exercise of their official authority.