THE OBJECT OF ABUSE OF INFLUENCE (ART. 369-2 OF THE CRIMINAL CODE OF UKRAINE)

Abstract

The research paper is devoted to the study of the content of the features of the object of the crime, provided for in Art. 369-2 of the Criminal Code of Ukraine. Emphasis is put on the fact that effective implementation of constitutional prescrip-tions on the need for the functioning of state authorities and local self-government in a legal manner acquires significant importance in the context of countering corrupt practices in Ukraine, including such manifestations of “background” corruption as abuse of influence. In the theoretical aspect, the place and functional status of the object in the system of elements of the composition of criminal offense is revealed, and the pluralism of scientific approaches to understanding the concept of the object is also highlighted. The definition of the object of a criminal offense as a social value, to which harm is caused, enshrined in the draft of the Criminal Code is critically characterized. On the one hand, the proposed regu-latory consolidation of the concept of the object of a criminal offense is recognized as a pos-itive point; at the same time, it is noted that the reference by the legislator in Art. 1 of the current Criminal Code of Ukraine on the highest values, such as human and citizen rights and freedoms, does not necessarily mean that they are subject to criminal protection outside the category of social relations. In general, it has been established that although many approaches to defining the ob-ject of the crime seem convincing when considering the specific composition of the crime, they can become the subject of constructive criticism. The author supports scientific position that legal relations in the field of official activ-ity and professional activity related to the provision of public services should be recognized as the generic object of the group of criminal offenses to which abuse of influence is at-tributed. In order to determine the main direct object of abuse of influence and with reference to the content of international anti-corruption documents, it is noted that this crime en-croaches, on the one hand and first of all, on the legally regulated mechanism of state ad-ministration, parallel to which, on the other hand and indirectly, there is an encroachment on the constitutional principles of the rule of law and the democratic state regime. It has also been announced on the need for further study of such component of the object of abuse of influence as its subject, namely, unlawful benefit, regardless of its size.