АКТУАЛЬНІ ПИТАННЯ ВДОСКОНАЛЕННЯ КРИМІНАЛЬНОЇ ВІДПОВІДАЛЬНОСТІ ЗА НЕЗАКОННЕ ЗБАГАЧЕННЯ

Abstract

Yurchyshyn I. B. Relevant issues of improving
criminal liability for illicit enrichment. – Article.
The article is dedicated to exploration of the
problems of legal regulation of criminal liability for
illicit enrichment in Ukraine. The author is looking at
the provisions of Article 3685 of the Criminal Code of
Ukraine, which designate criminal liability for illicit
enrichment, carries out research some of the features of
this crime, which, in the author opinion, cause difficulties
in criminal qualification and further examination of this
crime. Emphasizing that the problem of illegal levy in
Ukraine will remain deficient will be investigated and the
practice of national anti-corruption bureaus of Ukraine
will testify that it is partly difficult to investigate illegal
enrichment involved in the inadequate of norm 3685 of
the Criminal Code of Ukraine. First of all, the attention
draws to consolidation in the statute of the subject of
the crime. While the author remind about changes which
has been formulated of the subject during the existence
in Ukraine of criminal liability for illicit enrichment.
The relation is considered between the terms ‘official’
and ‘a person authorized to perpetrate the functions of
84 Прикарпатський юридичний вісник
the state or local self-government’ and also the question
about the expediency of introduction of the last one.
During the exploration of the objective side of the crime
of "illegal enrichment" draws attention to the fact that
the practice of the National Anti-Corruption Bureau
of Ukraine designate of essential defects in wording of
this component in Article 3685 of the Criminal Code of
Ukraine. The author tries to demonstrate this by analyzing
the definition of the term ‘acquisition of assets’ which is
formulated in the item number 2 of the remark to this
article : the problem of estimating income to establish the
fact of their excess, the importance to take into account
the income of family members of the offender, etc. Also
here analyzed the subjective side of the crime. Especially,
attention is drawn to the intentional purpose of the act as
a feature of the subjective side of illicit enrichment and
in this context compares the provisions of Article 3685
of the Criminal Code of Ukraine with the provisions of
Article 20 of the UN Convention against Corruption. In
the end, the author formulates the inference he reached
as a result of the study and also makes suggestions
directed at improving Article 3685 of the Criminal Code
of Ukraine, among which he offers a new editorship.