Threat of violence as a way to commit «Counteraction to legitimate economic activity»

Abstract

The article is devoted to one of the ways of committing a criminal offense under Article 206 of the Criminal Code of Ukraine “Counteraction to legitimate economic activity”. In particular, the author examines the concept of threats of violence against the victim or persons close to the victim in the course of counteracting legitimate economic activity. It is determined that the method of committing a criminal offense in the form of a threat of violence against the victim or persons close to him/her is present both in Article 206 of the Criminal Code of Ukraine “Counteraction to Legitimate Economic Activity” and in some other corpus delicti of criminal offenses. The author establishes that in the Criminal Code of Ukraine “threat of violence” appears either as a separate criminal offense or as a method of committing a criminal offense. The study reveals the content of the terms “threat” and “threat of violence” used in the disposition of Article 206 of the Criminal Code of Ukraine. Based on the results of the analysis, the author suggests that a threat of violence should be understood as actions of a person aimed at intimidation without physical contact with the victim, which are intended to influence the psycho-emotional state of the victim with a view to achieving the desired criminal result. For the purpose of recognizing a threat as a method of counteracting legitimate business activity, it does not matter whether the perpetrator actually intended and was actually able to carry out the threat. From the moment the demand combined with the threat is made, this criminal offense is complete. It has been determined that, within the meaning of Article 206 of the Criminal Code of Ukraine, close persons are understood to mean close relatives - parents (foster parents), children (foster children), grandparents and grandchildren. Family members are parents (foster parents), children (foster children), brothers, sisters and their spouses who live together, as well as a spouse who lives together but is not married, and the spouses’ parents. The closeness of persons who are family members is based primarily on marriage (husband, wife) and consanguinity (children, parents, other relatives), and may also arise on other grounds (friendship, love, etc.).