Signs of an officer holding a particularly responsible position as a special criminal subject in criminal law of Ukraine

Abstract

Effective counteraction to crime is one of the primary challenges facing Ukraine as a democratic and rule of law state. In particular, counteraction to criminal offenses committed by officials is of particular importance in this process. In order to organize a productive struggle with these negative phenomena, it is imperative that law enforcement and judicial authorities have a correct and equal understanding of such a concept as an official.
 The purpose of this article is to investigate the notion and characterization of an officer holding a particularly responsible position as a special crime subject. The article presents the result of the study of the notion of officers a particularly responsible position. In particular, an analysis was carried out and the characteristics of an official holding a particularly responsible position as a special subject of crime, in accordance with the criminal legislation of Ukraine, were outlined. In particular, the functional and official characteristics of such an officer are identified, which indicate that he or she is different from the general subject of the crime, and express the peculiarities of this kind of special subject of crime in comparison with others. An analysis of the current criminal law of Ukraine shows that such signs relate to the functions and duties performed by the official, as well as his relationship with the enterprises, institutions or organizations on whose behalf he is acting.
 Thus, to the functional attributes, the author refers to the following: the exercise of the functions of a representative of power; connection with the activity of the enterprise of the institution or organization; the place of performance of the duties of an official. Among the official features of the official, the author identifies such features as the performance of the said functions and duties on a permanent, temporary or special basis.
 In general, the article provides a concise list of features of officials who occupy a particularly responsible position, who are special subjects of crime, and have all the characteristics defined in Part 1 of Art. 18 of the Criminal Code of Ukraine, also disclosed the content of special features that serve as an auxiliary (clarifying) source to identify a special entity.