Institution of officials in the draft of Criminal code of Ukraine, prepared under the guidance of professor V. M. Smitienko

Abstract

The article analyzes the provisions of the first draft of the Criminal Code of independent Ukraine, which had been prepared in the 90’s of XX century under the guidance of Professor VM Smitienko, in terms of the institute of officials’ regulation. Its comparison with the relevant provisions of the Criminal Code of 1960 and the current Criminal Code of Ukraine is made there. It is traced the transformation of the institution of official in criminal law from the concept of official in the Criminal Code of 1960 to the concept of public official, which was limited to civil servants in the first draft of the Criminal Code of Ukraine and, finally, to the concept of official in the current Criminal Code of Ukraine. In contrast to the Criminal Code of 1960, the draft of the Criminal Code of Ukraine addressed the problem of liability for official criminal offenses in a new way. It is established that the concept of official received significant changes with the adoption of the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on Liability for Corruption Offenses" of April 7, 2011 N 3207-VI, which the title of Section XVII of the Special Part of the current Criminal Code of Ukraine was set out as follows: "Crimes in the sphere of official and professional activity related to the provision of public services" and the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on Implementation of the Action Plan on Visa Liberalization for Ukraine regarding Liability of Legal Entities" of 23.05. 2013 № 314-VII, which supplemented the current Criminal Code of Ukraine with Section XIV1 "Measures of a Criminal Nature Against Legal Entities." It is concluded that for the first time in the history of national legislation, it was introduced the concepts of public official and functionary instead of the concepts of official and employee which were existed in Criminal Code of 1960, in the first draft of the Criminal Code of independent Ukraine, prepared under the guidance of Professor VM Smitienko. Key words: public official, functionary, official, official criminal offenses, law on criminal liability; Professor VM Smitienko; the first draft of the Criminal Code of Ukraine; Criminal Code of Ukraine, criminal liability for official criminal offenses.