Характеристика осіб, які вчиняють шахрайство відносно іноземця або особи без громадянства: міжнародне та національне законодавство

Abstract

Since foreigners and stateless persons who stay in Ukraine on legal grounds enjoy the same rights and freedoms and bear the same responsibilities as citizens of Ukraine, with the exceptions established by the Constitution, laws or international treaties of Ukraine, foreigners and stateless persons who are under the jurisdiction of Ukraine, regardless of the legality of their stay, have the right to recognition of their legal personality and fundamental human rights and freedoms. In addition, the legal status of foreigners and stateless persons is based on the fact that foreigners and stateless persons who are legally in Ukraine enjoy the same rights and freedoms and bear the same responsibilities as citizens of Ukraine, with the exceptions established by the Constitution, laws or international treaties of Ukraine; foreigners and stateless persons are obliged to strictly observe the Constitution and laws of Ukraine, other regulatory legal acts, not to infringe on the rights and freedoms, honor and dignity of other people, interests of society and the state. Foreigners and stateless persons enjoy numerous economic rights and freedoms in Ukraine, and as subjects of private property rights, foreigners and stateless persons may also own, use and dispose of their property and the results of their intellectual and creative activities. They may own houses, apartments, personal items, means of production, funds, and are also subjects of freedom of entrepreneurship, the right to housing, and the right to an adequate standard of living. But it is also necessary to take into account that the most vulnerable to criminal offenses against them are foreigners (a person who is not a citizen of Ukraine and is a citizen (subject) of another state or states) and stateless persons (a person whom no state considers its citizen in accordance with its legislation), who may become victims of a criminal offense against property (for example, fraud) and criminal offenses of a different nature (fraud or breach of trust), so we Whereas, fraud (taking possession of someone else’s property or acquiring the right to property by deception or breach of trust) is a universal norm that covers any type of fraud and has an unlawful effect on the will and consciousness of the victim in the form of deception or breach of trust, whereas fraud is the concealment of certain information or communication of false information to the victim with the aim of misleading the victim (foreigner or stateless person), and breach of trust is the unfair use of trust by the victim (who are foreigners or stateless persons). Key words: fraud; stateless person; foreigner; criminal liability; deception; breach of trust.