Subjective Side of the Criminal Offense of Illicit Enrichment

Abstract

The purpose of the article is to research the mental element of illegal enrichment through analyzing the characteristics and development a new legal framework to improve the article 3685 of the Criminal Code of Ukraine. 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 that helps to identify theoretical, legislative and applied aspects of illegal enrichment. Moreover, our research has general and special methods: formal-logical, system-functional, comparative-legal and historical-legal. The scientific novelty of the article is that article to views actual problems the mental element of illegal enrichment to use modern methods of cognition and new research. It is proposed specific proposals to improve the article 3685 of the Criminal Code of Ukraine. According to the results of the conducted research, the following conclusions have been formulated mental element of illegal enrichment. Illegal enrichment can be with direct intent. It is proposed an intellectual intent the direct intent like a mental attitude of the person to the action that has three blocks of features: a) signs of action (the guilty party recognizes the risk of action the purchase of assets); b) social status (the subject to understand his legal status in public authorities or local governments) c) other characteristics the crime that vary with place, environment and time. At the same time, extroverted moment is desire to respond to socially dangerous actions, namely the desire to activate. The motive is mercenary (the method of which is illegal prohibited by law possession of material goods (acquisition of assets) for their own); the purpose is to acquire assets as a result the person might be to take any action at his discretion; emotional state – a state of strong emotional excitement (physiological affect) does not affect how discrimination of illegal enrichment. It is proposed to the article 3685 of the Criminal Code of Ukraine add before words “acquisition of assets…by a person” the word “deliberate”