Based on the synthesis of Ukrainian scientists’ criminological concepts on
the prevention of criminal offenses committed in official and professional activities
related to the provision of public services, prevention of corruption crime, as well
as the on practice of law enforcement agencies of Ukraine, the practical activities
of agencies implementing state policy in public services, direct activities of entities
providing public services, the thesis develops scientific provisions and presents the
results, that, in aggregate, solve specific scientific task of offering criminological
characteristics of a criminal offense under Article 365
2 of the Criminal Code of
Ukraine, namely, abuse of authority by persons providing public services, and on
the basis thereof defines theoretical principles and gives practical
recommendations for preventing such abuse.
In particular for the first time the paper:
– provided a comprehensive description of the conditions, structure, and
dynamics of committing a criminal offense under Article 365
2 of the Criminal
Code of Ukraine, revealed the indissoluble connection of the criminological
characteristic of abuse of authority by persons providing public services with social
and political processes ongoing in the state;
– specified economic, political, and legal, organizational, and managerial,
social, and psychological reasons and conditions for abuse of authority by persons
providing public services from the prospective of external and internal set of
conditions;
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– made typological criminological portraits of a person who abuses his
authority in providing public services and the victim of such abuse (an individual,
legal entity, minor, incapacitated person, elderly person);
– developed a system of measures (general social, special criminological,
individual preventive and victimological) intended to prevent abuse of authority by
persons providing public services.
The dissertation research has made improvements in the following:
– doctrinal approaches to the definition of the concept, determining of tasks
and features of legal regulation, as well as setting out principles for providing
public services in Ukraine. In particular, the author has offered the definition of the
«public services» concept as the activity or result of the activities of authorized
entities (state authorities, local self-government bodies, enterprises, institutions and
organizations under their management, or special entities that are legally granted
the right to perform relevant public administration functions) carried out on the
basis of a petition of an individual or legal entity with the use of public financial
resources and resulting in the adoption of an official act aimed at creating
conditions for the implementation and protection of the rights and legitimate
interests, established duties of the person applying for the service;
– the legal structure of the criminal law norm in the disposition of
Article 365
2 of the Criminal Code of Ukraine, having included in it an entity of
public services as a mediator. Thus, the analysis showed that the provision of
mediation services in land relations, in economic, civil, administrative, arbitration
proceedings, International Commercial Arbitration, in notary sector, in provision
of social services, in labor matters and labor disputes is enshrined in the legislation.
Mediation services have the features specific for public services. For that reason,
the need to criminalize the abuse of authority by a mediator in the process of
providing public services is justified and was added to the disposition of Part 1 of
Article 365
2 of the Criminal Code of Ukraine as the indication to a relevant entity.
The paper has the following aspects further developed:
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– theoretical and legal bases for reformation of the public services sector, in
particular state services and improvement of administrative procedures for state
registration of property rights to real estate and state registration of legal entities,
individual entrepreneurs, and public formations;
– characteristics of the causes and conditions of crime in official and
professional activities related to public services. In particular, the multi-factor
system of determinants of criminal offenses in official and professional activity
related to public services gave grounds for categorizing the relevant causes and
conditions by the following criteria: 1) by the degree of influence of social
contradictions on the subjects of public relations: basic (general), sectoral
(institutional) and direct (isolated); 2) by the sphere of influence: internal and
external; 3) by the sphere of occurrence and implementation: economic, political
and legal, social and psychological, and organizational and managerial.
