CRIMINAL-LEGAL CHARACTERISTICS OF UNLAWFUL BENEFIT

Abstract

This article is devoted to specific issues of the criminal-legal characterization of unlawful gain in accordance with the provisions of Article 368 of the Criminal Code of Ukraine. The authors consider the main aspects of this phenomenon, including its concepts, signs and impact on various spheres of life. It is emphasized that the criminal offense provided for in Article 368 of the Criminal Code of Ukraine belongs to corruption offenses in the field of official activity.

Proceeding from the fact that the criminal offense provided for in Article 368 of the Criminal Code of Ukraine belongs to corruption criminal offenses, the author emphasizes the property of generic features of the corruption offense to the studied concept.

The article is based on the results of a scientific and legal analysis, on the basis of which the author highlights various forms of unlawful benefit, including property and non-property benefit. On the basis of the conducted analysis, the author's definition of the concept of unlawful gain was formulated in the context of Article 368 of the Criminal Code of Ukraine.

The article thoroughly examines the causes and consequences of unlawful gain, drawing attention to the ambiguous interpretation of this concept in various articles of the Criminal Code of Ukraine.

The author raises the problems of distinguishing the illegal gain from the composition of related corruption criminal offenses and emphasizes in this regard the complexity of the qualification of the criminal offense provided for in Article 368 of the Criminal Code of Ukraine.

Finally, the article considers possible ways to overcome the problem of undue advantage, including improving legal regulation, strengthening the institutional framework, and raising the awareness of citizens. The author puts forward specific recommendations for improving the definition of the concept of unlawful gain in the Criminal Code of Ukraine, which will contribute to a clearer separation of the composition of this crime from the related compositions of corruption criminal offenses. This article can serve as a basis for further research and the development of effective strategies to counter and fight against undue profit.