The Objective Side of Illegal Enrichment

Abstract

The purpose of the article is to research the objective side of illegal enrichment by analyzing the characteristics of its features for solving a theoretical and practical problem. The methodological basis of the study is a set of methods of scientific cognition, among which the dialectical method of cognition occupies the main place. The system of methods of scientific cognition was use: generalization under literature positions for understand objective side of illegal enrichment; formal logic (deduction, induction, synthesis, abstraction, analogy) – to clarify the content of the issues under consideration; theoretical – in the process of research of scientific and educational-methodical literature; to outline directions for proving the provisions of the Criminal Code of Ukraine and practice of its application. The scientific novelty of the article is that article to views current problems objective side of illegal enrichment by the analysis of characteristic features of its signs are offered. The article proposed a lot of specific proposals to improve article 368-5 of the Criminal Code because that would be have theoretical and practical significance. According to the results of the conducted research, the following conclusions have been formulated objective side of illegal enrichment. As we review objective side of illegal enrichment the importance of determining a specific period of time is established person authorized to perform the functions of state power. It is proposed to set out the text of part 2 of article 368-5 of the Criminal Code of Ukraine in the following edition: acquisition of assets should be understood as the acquisition of property by a person authorized to perform the functions of the state or local self-government, as well as the acquisition of assets by another natural or legal person, if it was carried out on behalf of a person authorized to perform functions of the state or local self-government, or that a person authorized to perform the functions of the state or local self-government may directly or indirectly act on such assets, identical in content to the exercise of the right to possession, use and dispose of them

Keywords

• illegal enrichment
• objective side
• criminal offence
• corruption
• crimes in the field of service activity
• official