Differences in the composition of the crime provided for by art. 201-2 (illegal use of humanitarian aid) from related elements of crime

Abstract

In connection with the increase in the scale of humanitarian aid and persons who cynically profit from charitable activities, disregarding the norms of morality, the Criminal Code of Ukraine was supplemented with a new Art. 201-2 of the Criminal Code of Ukraine, which establishes criminal liability for the illegal use of humanitarian aid, charitable donations or free aid for other purposes than the intended purpose, namely for profit or personal enrichment, where the object of the encroachment will be public relations in the field of use of humanitarian aid goods, charitable donations or free aid. The above has actualized the need to consider the differences between the corpus delicti under Art. 201-2 of the Criminal Code of Ukraine and some related corpus delicti. The author establishes that the main criterion for distinction is the subject matter, namely, humanitarian aid, charitable donations and free-of-charge assistance. In addition, the object and the objective side are also distinguished. The object of a criminal offense under Art. 201-2 of the Criminal Code of Ukraine is relations in the field of economic activity, unlike crimes with a similar objective party, in which the object is the right of ownership as a legally protected interest, which is expressed in the possession, use and disposal of property. At the same time, since the object of Art. 201­2 of the CC is relations in the sphere of economic activity, the main criterion for measuring the gravity of a criminal offense is the total cost of items that should be received by recipients of humanitarian aid, charitable donations, free assistance, and, for example, under Art. 192 of the CC - the amount of property damage to the owner of property caused by the illegal use of such property. At the same time, the illegal use of humanitarian aid is different from the crime under Art. 191 of the Criminal Code of Ukraine in the context of the sale of humanitarian aid, which means the paid transfer of property by one person to another person, since the embezzlement of another’s property requires the free transfer of another’s property in favor of another person. It is concluded that the acts prohibited by Art. 201-2 of the Criminal Code of Ukraine, in its absence, would be covered by criminal offenses against property.