Yevteyeva D. The criminal and legal characteristics of the guardianship abuse: social determination and elements of a crime

This dissertation is devoted to researching the issues of criminal responsibility for the guardianship abuse (Article 167 of the Criminal Code of Ukraine). A historical overview of establishment and development of legislation on the guardianship abuse has been done. The social, regulatory, institutional and criminological factors that determine the existence and further retention of criminal responsibility for the guardianship abuse are covered. The features of the criminalization of the guardianship abuse under the law of foreign countries have been considered. The elements of crime, prescribed by the Article 167 of the Criminal Code of Ukraine, have been examined: the object, the victim, the conduct, the mental state and the subject. Based on the research, propositions to amend Article 167 of the Criminal Code of Ukraine for its improvement had been made.