Criminal prosecution for illegal enrichment: Ukrainian and international legal regulation
Ściganie karne za nielegalne wzbogacanie: ukraińskie i międzynarodowe regulacje prawne
Maksym Hryshchuk
a:1:{s:5:"pl_PL";s:34:"West Ukrainian National University";}Abstract
The article is devoted to the problems of theoretical and legal and law
enforcement nature of criminal prosecution for illicit enrichment. A retrospective of the criminalization of illicit enrichment in Ukraine is traced. An analysis of the Decision of the Constitutional Court of Ukraine, as well as the
Separate Opinions of Judges on the constitutionality of Article 368-2 of the
Criminal Code of Ukraine, are made. The positions of European experts and
representatives of the legal community on the legality of criminalizing illicit
enrichment are highlighted. A comparative analysis of the content of Article
368-5 of the Criminal Code of Ukraine and the decriminalized Article 368-2
are made, as well as the scientific positions on the peculiarities of the current
criminal law are highlighted. The author concludes that the qualification of
the act of illicit enrichment as criminally punishable should be considered
reasonable, socially demanded and justified, but requires better wording in
the criminal law in compliance with all principles of law, correct delineation
of subjective and objective features of the criminal offences, ensuring the adequacy of sanctions and preventing subjectivity in the application of procedural law.
a:1:{s:5:"pl_PL";s:34:"West Ukrainian National University";}
