GUILT AS PART OF THE CRIME PROVIDED FOR IN ART. 369-2 OF THECRIMINAL CODE OF UKRAINE

Abstract

The article establishes that the composition of the crime provided for by Art. 369-2of the Criminal Code of Ukraine is characterized by direct intent. Arguments in favor of such a position are presented. The statement of scholars about the possibility of criminal influence with indirect intent due to its belonging to crimes with a formal structure, in which attitude to the consequences is optional, as they remain outside the scope of the criminal offense, was refuted. In this regard, the shortcomings of the definition of both guilt and direct intent in Articles 23 and 24 of the Criminal Code of Ukraine were emphasized, and attention was drawn to more perfect definitions of such concepts in the draft Criminal Code of Ukraine. The intellectual and volitional moments of “corrupt” intent in the actions of subjects of “active” and “passive” abuse of influence are revealed. In particular, it was established that in order to be aware of the elements that characterize the object of this crime, it is nec-essary for a person to understand that through his behavior he encroaches on public rela-tions established in society, and therefore understands the socially dangerous nature of the committed act, causing or creating the possibility of causing damage to normal, the proper functioning of state authorities and local self-government as the immediate main object of the criminal offense (the guilty person is aware that he violates (“circumvents”) the proce-dure for making official decisions established by the state by persons authorized to perform the functions of the state or local self-government), as well as authority, justice, property rights, etc. as direct additional objects of the tort under investigation.