ILLEGAL USE OF HUMANITARIAN AID, CHARITABLE DONATIONS OR FREE AID FOR PROFIT: ANALYSIS OF THE ELEMENTS CHARACTERISING THE OBJECTIVE SIDE OF THE CRIMINAL OFFENCE AND THEIR IMPACT ON THE DEGREE OF SEVERITY OF THE CRIMINAL LAW PENALTY

Abstract

The article is devoted to the analysis of the elements of corpus delicti of
illegal use of humanitarian aid, charitable donations or free-of-charge assistance described in the dispositions of Parts 1-3 of Article 201-2 of the Criminal Code of
Ukraine, and to the clarification of their impact on the severity of criminal legal
encumbrance. It is noted that the elements of the corpus delicti of illegal use for
profit of humanitarian aid, charitable donations or free-of-charge assistance
which characterise the objective side of this criminal offence may be represented
by the relevant mandatory and optional elements. The mandatory elements
include: a socially dangerous act (part 1 of Article 201-2 of the CC of Ukraine);
method and time of committing the criminal offence (parts 2 and 3 of Article 201-
2 of the CC of Ukraine). Optional signs are represented by socially dangerous
consequences and the causal link between the forms of this socially dangerous act
provided for by law and the consequences resulting from its commission. The
latter, although not affecting the determination of the moment of completion of
the criminal offence under Part 1-3 of Article 201-2 of the CC of Ukraine, are
important for individualisation of criminal legal influence, as they affect not only
the qualification of the act, but also the degree of severity of the criminal legal
burden, i.e. the type and amount of the punishment imposed.