The dissertation is devoted to the analysis of criminal liability for misappropriation, misappropriation of property or taking it by abuse of office, committed in complicity and development of proposals to improve Art. 191 of the Criminal Code of Ukraine.
The paper improves the theoretical provisions of criminal law in terms of criminal liability for misappropriation, misappropriation of property or taking it by abuse of office, committed in complicity and on this basis developed proposals to the Criminal Code of Ukraine. In particular, an amendment to Article 29 of the Criminal Code of Ukraine on the rules of qualification of acts of complicity with a special subject, relating to cases where the act of any of the accomplices contains signs of another crime, as well as if the act committed by a special subject a privileged corpus delicti of a particular crime. It is proposed to update the regulatory framework concerning the regulation of the legal status of persons entrusted with someone else's property by virtue of their official duties, as this issue is regulated by normative documents adopted during the Soviet era. The notion of appropriation has been improved, by which it is expedient to understand an act consisting in the seizure of another's entrusted property or such property in the possession of the guilty person, committed by him in active and passive forms, namely by means of the following methods; unlawful refusal or evasion of return of property; use of property for its intended purpose, but contrary to the purpose of the legal owner of this property; separation and seizure of property by its transfer to the funds of the guilty person; reversal of property in their favor; reversal of property in favor of others (waste). In addition, it is argued that the notion of "embezzlement" as a way of illegal possession of someone else's entrusted property should be excluded from the disposition of Article 191 of the Criminal Code of Ukraine, as it is part of such a broader act as "appropriation". The idea that non-cash was further developed funds, including cryptocurrency, should also be recognized as the subject of a crime under Article 191 of the Criminal Code of Ukraine. Also today, it is advisable to develop a draft law "On the circulation of cryptocurrencies in Ukraine" which should define, in particular, their concept and content, legal nature, features, types, forms, functions, procedures, etc. Improved understanding of "community" as a feature of an organized group, containing the following components: 1) each member of the organized group makes appropriate efforts to contribute to the creation and (or) criminal activity of such a group, which aims to commit at least two crimes; 2) the actions of each of the members of the organized group are aimed at achieving a common, unified and indivisible result - the commission of crimes for which such a group was created; 3) the actions of each of the members of the organized group are in the necessary causal connection with the fact of the existence of such a group, as well as with the crimes committed by this group. The wording of amendments to Article 191 of the Criminal Code of Ukraine is proposed.
