ВІДПОВІДАЛЬНІСТЬ ЗА НЕЗАКОННЕ ЗБАГАЧЕННЯ: МІЖНАРОДНИЙ ДОСВІД

Keywords: illicit enrichment, criminal offense, corruption proceeds, international experience, decisions of the Constitutional Court of Ukraine, case law of the European Court of Human Rights

Abstract

 The article describes illicit enrichment as one of the manifestations of corruption, which has been growing steadily in recent years and threatening the economic security of our country. It is indicated that due to changes in socio-economic conditions, this category of criminal offenses is constantly transformed into new types and forms. At the same time, the means of committing these offenses are also being changed.  It was emphasized that the establishment of criminal liability for illegal enrichment, asset recovery, criminal forfeiture regimes, as well as related mechanisms for ensuring the return of corruption income are important areas of law enforcement activities. The process of bringing anti-corruption policy in line with international standards in the field of corruption prevention and counteraction is underway in Ukraine. However, despite wide international recognition of the criminalization of illicit enrichment, it has not received general recognition as an anti-corruption measure. Ukraine is not the first state to test the constitutionality of the  rule on prosecution for illicit enrichment. The results of the analysis of the decision of the Constitutional Court of Ukraine of February 26.02. 2019 in case No. 1-135/2018 (5846/17) demonstrated a comprehensive understanding of the nature and problems of criminal liability for ilictl enrichment. It is stated that the use of such a tool to influence a person’s behavior is inevitably related to human rights, namely the need to limit them.

Prospective foreign experience in combating criminally punishable illicit enrichment has been studied. The countries that have established criminal liability and the countries that have administrative laibility for illicit enrichment have been identified; the relevant provisions of national regulations are given. Some aspects of the expediency of establishing criminal liability for illicit enrichment through the prism of the case law of the European Court of Human Rights are outlined.

The necessity of finding  a suitable model of legal regulation of the relevant sphere of public relations is substantiated, which will result in recommendations on improving domestic legislation, eliminating violations of the law and preventing them.

Published
2020-12-30
How to Cite
Драган, О. (2020). ВІДПОВІДАЛЬНІСТЬ ЗА НЕЗАКОННЕ ЗБАГАЧЕННЯ: МІЖНАРОДНИЙ ДОСВІД. Scientific Notes of Lviv University of Business and Law, 27, 123-128. Retrieved from https://nzlubp.org.ua/index.php/journal/article/view/352
Section
Series: Law