Dzhenchako V. Criminological characterization and prevention of misappropriation, embezzlement or seizure of another's property by an official abusing his official position

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0422U100109

Applicant for

Specialization

  • 12.00.08 - Кримінальне право та кримінологія; кримінально-виконавче право

16-09-2021

Specialized Academic Board

Д 08.727.04

The Dnipropetrovs’k State University of Internal Affairs

Essay

The scientific work is devoted to the study of criminological characteristics and the development of measures to prevent the misappropriation, embezzlement or seizure of another's property by an official abusing his official position as a corruption criminal offense. Quantitative and qualitative indicators of the above-mentioned criminal acts are determined, namely: level, geography, character, structure, dynamics, as well as the level of latency. In addition, a criminological characterization of persons who commit such acts, as well as the causes and conditions such as determinants of misappropriation, embezzlement or seizure of another's property by abuse of office by an official. It is established that the number of corruption criminal offenses under Art. 2-5 of Article 191 of the Criminal Code of Ukraine annually fluctuates in the direction of growth, then in the direction of decrease, within 500 - 1700 facts. However, in general there is a trend to increase their number. Characterizing such an indicator as the geography of crime, it was determined that the facts of appropriation, misappropriation of property or taking it by abuse of office occur approximately evenly throughout Ukraine. It is stated that the appropriation, embezzlement or seizure of another's property by an official abusing his official position is characterized by high latency, at the level of 70-90%. That is, only about one in five cases is detected. The typology of persons who commit the considered criminal acts is carried out. Thus, according to the degree of depth of anti-social orientation of officials who commit them can be divided into two types: "unstable" and "malicious". It is proved that measures to prevent this crime at the general social level are necessary elements of socio-economic activities to eliminate shortcomings in the political, social, moral, psychological and spiritual spheres of society. It was found that in the system of measures taken by various entities for the general social prevention of misappropriation, embezzlement or seizure of another's property through abuse of office by an official, the following should be highlighted: socio-economic, political, regulatory, psychological, pedagogical, cultural and educational, organizational, technical and criminological activities. It is stated that at the special criminological level to prevent misappropriation, embezzlement or misappropriation of property by abuse of office by an official, it is advisable to establish strict state control over all sources of budget replenishment, traffic channels and budget spending; to carry out all purchases of goods, provision of services under state orders through open tenders, to ensure openness in the spending of budget funds, to significantly reduce the scope of the permitting principle in the economic sphere; to ensure the functioning of control over income and expenses of individuals and legal entities; improve the system of accounting, auditing and control in accordance with international obligations.

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