Кримінальне переслідування за незаконне збагачення: українське та міжнародне правове регулювання
Criminal prosecution for illegal enrichment: Ukrainian and international legal regulation

Summary/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.

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