The issue of criminal liability for illegal enrichment

Abstract

In the article results undertaken a study of issues of the day of the legislative adjusting are offered in Ukraine of questions of criminal responsibility for the illegal enriching.The authors of publication spared the special attention of maintenance of decision of Constitutional Court of Ukraine in business after constitutional presentation 59 deputies of people's of Ukraine in relation to accordance of Constitution of Ukraine (to constitutionality) of the article 3682 (illegal enriching) КК of Ukraine, and also chronologies of events, that took place in Ukraine in connection with criminalization and further decriminalization of the illegal enriching. Thus, they paid attention to that judges of Constitutional Court of Ukraine were not unanimous in a decision-making about confession of the indicated criminal law norm unconstitutional.The publication supports the duly substantiated legal position of the Constitutional Court of Ukraine regarding the unconstitutionality of the provisions of Article 3682 of the Criminal Code of Ukraine. At the same time, the authors pointed out that the judges of the Constitutional Court of Ukraine could make a decision that would be unconstitutional only the latest version of this rule of October 16, 2014 No. 1698-VII. Such a decision of the Constitutional Court of Ukraine would leave in force the wording of Article 3682 of the Criminal Code of Ukraine, which complies with the constitutional requirements, and would prevent the consequences of undesirable consequences for the Ukrainian society.It is indicated, on some law consequences to that actual decriminalization of the illegal enriching led and can lead in Ukraine. Thus, authors offered own vision of that, how it was possible to avoid the offensive of these consequences. In this context they gave mind on inactivity of subjects of imperious plenary powers (President of Ukraine, deputies of people's of Ukraine, judges of Constitutional Court of Ukraine), that within the limits of the competense did not accept necessary legal measures for the settlement of situation.Reasons and terms, that resulted in the offensive of negative consequences in connection with confession of the article 3682 КК of Ukraine unconstitutional and such that lost an action, are adopted, and also the possible ways of exit are certain from a situation that in this connection was folded. In particular, speech goes about legislative initiatives of the newly elected President of Ukraine in the field of it and it is indicated on the necessity of strengthening of parliamentary control af-ter forming and realization of public anticorruption policy as by a factor that has considerable influence on the state of providing of national safety.Authors recommend Verkhovna Rada of Ukraine to the end of 2019 to con-duct the parliamentary listening during that to hear the lectures of leaders of anti-corruption organs about the results of their activity in 2018–2019, give the estimation of activity of these state structures and define urgent measures that must use public authorities for the increase of efficiency of realization of anticorruption politics of the state.