Criminological Characteristics of the Official as a Special Subject of Corruption Criminal Offenses

Abstract

The article is devoted to an important and topical topic – the criminological characteristics of the official as a subject of corruption offenses.Bringing to justice for corruption criminal offenses has always been a difficult task in terms of proving, proving guilt. At the same time, it should not be forgotten that from the point of view of substantive law there are also certain problematic aspects. In particular, we are convinced that it is important to establish the essence of the mandatory features of corruption offenses. Of course, they have common features of criminal offenses: wrongfulness, guilt, punishment, commission of an act by a person who is the subject of a criminal offense. In addition, they are characterized by certain specific features, in particular, the presence in one form or another of abuse of office; the presence of a special object of illicit gain; special subject; intentional form of guilt and special purpose. It is proposed to analyze the essence of a special subject.It is stated that a special subject is a natural sane person who has committed a criminal offense at an age from which criminal liability may arise, the subject of which can only be a certain person. The subject of corruption offenses is traditionally called an official. The essence of this concept is revealed in Art. 18 and note to Art. 364 of the Criminal Code of Ukraine. According to socio-demographic characteristics, the corrupt are mostly middle-aged men with families. Based on the moral and psychological characteristics of the subject of a corruption offense, corrupt may be persons who hold a particularly responsible position, provide public services, worked for the benefit of the enterprise, institution, organization and work performed and were in employment with such enterprise, institution or organization, officials of legal entities.According to criminal law, most acts of corruption are committed individually and not on a permanent basis. The last group of characteristics is represented by the social role and status of corrupt officials: petty corrupt, middle-level corrupt, proactive corrupt and malicious corrupt.The author provides reveals the essence of the official through the prism of socio-demographic; moral and psychological, criminal and legal features, as well as the social role and status of such persons.