Open AccessFeatures of objective signs of crimes committed by officials who hold a particularly responsible position
Author(s) -
Vitalii Kabaiev
Publication year - 2020
Publication title -
časopis kiïvsʹkogo unìversitetu prava
Language(s) - English
Resource type - Journals
ISSN - 2219-5521
DOI - 10.36695/2219-5521.2.2020.79
Subject(s) - position (finance) , object (grammar) , criminal code , democracy , political science , law , power (physics) , action (physics) , legislation , economic justice , state (computer science) , criminal justice , sociology , criminal law , business , politics , computer science , artificial intelligence , physics , finance , algorithm , quantum mechanics
The article analyzes the features of the objective features of crimes committed by officials who occupy a particularly responsibleposition. It has been established that the correct qualification of criminal offenses committed by officials who hold a particularly responsibleposition is a mandatory and important aspect in the formation of Ukraine as a democratic and legal state. Therefore, determiningthe characteristics of the objective features of these crimes, in the end, comes down to determining the characteristics of the object andthe objective side of each of these crimes. Thus, the objects of crimes under Part 4 of Article 368 and Part 4 of Article 369 of the Cri -minal Code of Ukraine are closely intertwined, because they are all united by a single generic object – social relations arising in the fieldof official activity and professional activities related to the provision of public services. In these corpus delicti, the direct object can beconsidered the actual social relations that arise when an official who holds a particularly responsible position commits or does not commita certain action using the power or official position granted to him. The third corpus delicti committed by an official who holds aparticularly responsible position is provided for in Part 3 of Article 382 of the Criminal Code of Ukraine. The generic object of this crimeis public relations in the field of justice, and direct – public relations arising from the need for mandatory execution of sentences, decisions,rulings, court decisions that have entered into force, an official who holds a particularly responsible position. It is also possible todivide into two groups the objective side of crimes committed by officials who hold a particularly responsible position. The first groupconsists of the objective aspects of crimes committed by officials who hold a particularly responsible position in the field of officialactivities and professional activities related to the provision of public services – these are all acts related to the acceptance of an offer,promise or receipt illicit gain, as well as illicit enrichment. The second group consists of alternative acts provided for in Article 382 ofthe Criminal Code of Ukraine, provided that they are committed by officials who hold a particularly responsible position.