ON THE CRIMINALISTIC UNDERSTANDING OF CORRUPTION DIRECTEDNESS CRIMES


  • O. I. Reznikova
Keywords: corruption; crimes of corruption directedness; corruption crimes; crimes related with corruption; criminal corruption activity

Abstract

Analysis of international anti-corruption ratings and national statistical reports points to a consistently high level of corruption in Ukraine, and, consequently, the relevance offurther scientific support for the activities of the subjects of the fight against corruption, in particular, in the field of criminalistic supportfor the investigation of corruption offenses. Such problematics has a multifaceted character and consists of separate directions, which already have been studied in a certain way on the pages of scientific literature. At the same time, the problems of the formation of namely criminalistic understanding of corruption directedness crimes and the construction of a new criminalistic classification of this group of crimes were not earlier subjected to the system analysis, since the latter is the basis for constructing of a criminalistic characteristics of corruption directed crimes and the system of techniques for their investigation: simple and complicated ones. In the paper, the author came to the conclusion that as of today there is a need to introduce a general category of "corruption directedness crimes" into the Criminal Code of Ukraine and to distinguish two independent subgroups within its limits - corruption crimes and crimes related with corruption. Criteria for the formation of the first subgroup should be considered the essential signs and forms of corruption, and for the second - the prohibitions, restrictions and requirements stipulated by the Law of Ukraine “On the Prevention of Corruption". The proposed approach will improve the quality of the anti-corruption criminal legislation of Ukraine, increase the effectiveness ofpre-trial investigation and judicial consideration of such crimes. Before making such changes to the Criminal Code of Ukraine, proceeding from the rule of law and its constituent - legal certainty, it’s necessary to consider under corruption only the crimes, provided by Art. 45 of this Code, for the commission of which the consequences, stipulated by the mentioned Law may be applied to the person.


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Published
2017-11-29
How to Cite
Reznikova, O. I. (2017). ON THE CRIMINALISTIC UNDERSTANDING OF CORRUPTION DIRECTEDNESS CRIMES. Theory and Practice of Forensic Science and Criminalistics, 17, 121-127. https://doi.org/10.32353/khrife.2017.13