ПРОБЛЕМИ ВИЗНАЧЕННЯ ВИДОВОГО ОБ’ЄКТА ЗЛОЧИНУ, ПЕРЕДБАЧЕНОГО СТАТТЕЮ 203–2 КК УКРАЇНИ «ЗАЙНЯТТЯ ГРАЛЬНИМ БІЗНЕСОМ»

Abstract

The article is devoted to the research of a specific object of the crime provided by the article 203–2 of the Criminal Code of Ukraine. The review of modern problems of determination of specific object concerning this crime is performed. The classical division of objects of the crime (general, generic, direct) extends at the expense of allocation from a generic object of crime of a specific object as public relations of one kind. Theoretically speaking this object is in such a system between a generic and a direct objects. The specific object needs to be considered as a part of a generic object which unites within a lesser group of relations than these that enter to the generic object. The specific object corresponds with the generic as a part and a whole. However, the problem of the specific object consists also in this fact that different researchers within one generic group allocate a different number of specific groups. It concerns also crimes in economic activities sphere. Besides, even into identical specific groups the scientists include different types of crimes. It is proposed to consider as a specific object of the crime provided by the article 203–2 of the Criminal Code of Ukraine a group of homogeneous public relations which provide legality of business and other economic activities which realisation demands a special permission.