STAROSTENKO O. Criminal Law Characteristics and Qualification of Crimes Committed by Officials in the Field of Credit.

Starostenko O.V. Criminal Law Characteristics and Qualification of Crimes Committed by Officials in the Field of Credit. – Qualifying research paper as a manuscript. PhD Dissertation by Specialty 081 “Law” – Lviv State University of Internal Affairs, Lviv, 2024. The dissertation makes a theoretical generalization and proposes a new solution to the research issue of a comprehensive and appropriate criminal law understanding and qualification of illegal acts committed by officials in the field of credit in Ukraine. The paper consists of three chapters. Chapter 1 analyzes the state of the art in theoretical research into issues of criminal liability for criminal offenses in the field of credit. It is proved that the above issue has never been studied comprehensively. The characteristics of the respective acts presented in the literature are piecemeal since the scholars place primary emphasis on the issues of criminal liability of debtors (legal entities or individuals). No paper provides a comprehensive answer to the matters of what criminal law regulations and to what extent govern the violation of the procedure established for the exercise of functions by officials in the field of credit. The issue of the uniformity of the policy of the courts with regard to cases of this type has not been given due consideration by the academic community. Special attention is paid to a review of the general characteristics of the crediting process and the criminal law support for it. The paper substantiates that in terms of criminal law response, it is advisable to distinguish the following 5 stages in the structure of the crediting process: 1. A person applies to a credit institution. 2. A credit institution verifies documents submitted by a person. 3. The authorized body of the credit institution approves granting credit funds. 4. A credit contract is concluded and funds are provided. 5. Credit monitoring is performed. The third chapter of the paper examines approaches to the qualification of crimes committed by officials in the field of credit. It was established that while typical illegal acts committed by officials in the field of credit are qualified either under Art. 364-1 or under Art. 191 of the CC of Ukraine, the commitment by an official of forgery of official documents that were used in the misappropriation of credit funds is qualified additionally (or solely) under Art. 366 of the CC of Ukraine. The use of a document forged by another person is qualified under part 4 of Art. 358 of the CC of Ukraine. The paper substantiates and outlines proposals for further improvement of the CC of Ukraine in terms of establishing liability for illegal acts committed by officials in the field of credit, namely amendments to Art. 96-3 and 366 of the CC of Ukraine.