Relationship of office abuse with other elements of the offense provided for in part 2 of article 191 of the Criminal code of Ukraine

Abstract

Sometimes, in order to delineate very similar compositions of criminal offenses against property, it is necessary to compose 5,6,.. and 10-level logical constructions of an element of the composition of a criminal offense. Crimes against property are distinguished by their multiplicity of offenses and the multi-component nature of each element of the offense. This article is devoted to the qualification of offenses provided for in Part 2 of Article 191 of the Criminal Code of Ukraine, namely the main element of their composition – the presence of abuse of office. The relevance of the raised issue was determined due to the presence of problems in law enforcement and due to a quantitative criterion, in particular, the number of registered criminal proceedings in 2023. Separate opinions of scientists regarding the influence and interrelationship of all elements of the composition of a criminal offense are highlighted. Attention is focused on the method of committing a criminal offense and the hypothesis of establishing its connections with other elements of the composition of a criminal offense is proposed. Each element of the objective side of the criminal offense was analyzed through the prism of the connection with «official abuse», as a result of which it was determined that the method of committing a criminal offense by abuse of an official position will take place only if there is a special legal (official) relationship between the subject of the offense and the object of the offense. Generalizations and comparisons were made for all three main types of criminal offenses provided for in Part 2 of Art. 191 of the Criminal Code of Ukraine, namely: misappropriation of property by abuse of official position; embezzlement of property by abuse of official position; acquisition of property by abuse of official position.