In the dissertation the theoretical generalization is made and the new decision of the scientific problem connected with clarification of features of criminal liability for possession of documents, stamps, seals made by abuse of the person by the official position is offered.
The scientific work is devoted to the study of the peculiarities of criminal prosecution for possession of documents, stamps, seals, committed by abusing a person's official position. Based on the analysis of historical and scientific sources, national legislation, as well as statistical data of public authorities of Ukraine, formulated a number of scientifically sound provisions on the subject of research and developed a number of proposals to improve the provisions of Article 357 of the Criminal Code.
The paper highlights the historical and legal outline of development and the current state of legislation on criminal liability for possession of documents, stamps, seals, committed by abusing one's official position, resulting in four main historical and legal periods. The grounds for criminalization of acts related to the seizure of documents, stamps, seals, committed by abusing one's official position, as well as the social conditionality of criminal liability for their commission have been clarified.
The legislation of foreign countries, in particular, Azerbaijan, Belarus, Georgia, the Baltic States (Lithuania, Latvia, Estonia), the Republic of Kazakhstan, Moldova, in terms of criminal liability for possession of documents, stamps, seals, in general, as well as abuse of office .
A criminal-legal analysis of possession of documents, stamps, seals by abusing one's official position was carried out, namely the object, objective side, subject and subjective side of the specified illegal act as a kind of corruption offense were clarified.
It is established that the obligatory element of the subjective side of the criminal offenses provided for in parts 1 and 2 of Article 357 of the Criminal Code of Ukraine are selfish motives (desire to get rich, get some material benefit as a result of committing a socially dangerous act) and personal motives (the desire of the subject to meet social needs).
It is proved that the objective side of taking documents, stamps, seals by abusing one's official position is characterized by such obligatory elements as socially dangerous actions (taking documents, stamps, seals) and the way of committing a criminal offense (by abusing one's official position).
A number of theoretical and practical conclusions, as well as definitions of concepts related to the qualification of acts related to the seizure of official and personal documents, stamps, seals, forms, payment cards by abusing one's official position.
