Some features of the legal construction of the criminal offense provided art. 201-2 of the Criminal code of Ukraine

Abstract

The article examines some features of the legal structure of the criminal offense provided for in Art. 201-2 of the Criminal Code of Ukraine. The author analyzes the subject of the criminal offense provided for in Art. 201-2 of the Criminal Code and concludes that the subject of this criminal offense is goods (items) of humanitarian aid, charitable donations, free aid and "such property". At the same time, the use of free assistance may include the performance of works or the provision of services. Instead, charitable grants are not the subject of this criminal offense.
 The author considers standard and special options for the formation of a qualified composition of a criminal offense. In the qualified composition of a criminal offense, formed according to a special variant, at least one feature of the main composition is replaced by the corresponding qualifying features. The opinion is substantiated that the legal structures provided for in parts 2 and 3 of Art. 201-2 of the Criminal Code, formed according to a special variant of the formation of a qualified composition of a criminal offense.
 According to the author the sign "committed in a significant amount" is provided for in Part 1 of Art. 201-2 of the Criminal Code, is mandatory for the criminal offense provided for in Part 1 of Art. 201-2 of the Criminal Code. At the same time, it is not mandatory in the qualified and especially qualified criminal offenses provided for in parts 2.3 of Art. 201-2 of the Criminal Code. The author extends this conclusion also to cases where a qualified or particularly qualified composition of the criminal offense provided for in Part 2 or Part 3 of Art. 201-2 of the Criminal Code and by other (different from cost characteristics) qualifying or especially qualifying features.
 The author believes that the syntactic analysis of the legal structure of Part 1 of Art. 201-2 of the Criminal Code indicates that the feature "for the purpose of obtaining profit" is a mandatory feature of this criminal offense. At the same time, the concept of "profit" in this case can be understood in a narrow (traditional) sense as the difference between income and expenses, or in a broad sense as receiving any benefit as a result of the commission of an act provided for by this composition of a criminal offense.