SPECIAL CHARACTERISTICS OF THE SUBJECT OF ILLEGAL USE FOR THE PURPOSE OF OBTAINING PROFIT OF HUMANITARIAN AID, CHARITABLE DONATIONS OR FREE AID: CONTENT AND IMPACT ON QUALIFICATION

Abstract

The article is devoted to the study of special features of the subject of a
criminal offense, provided for in Art. 201-2 of the Criminal Code of Ukraine. It is
proven that he is special: has the legal status of a donor, acquirer or recipient of
humanitarian aid, charitable donations or free assistance and; is a person to
whom property (the subject of humanitarian aid, charitable donations or free
assistance) is entrusted or is in its custody. The purpose of the entrustment is to
commit actions in the sphere of legal circulation of the specified objects. The legal
characteristics of the subject should be taken into account when qualifying both
actions directly related to the illegal use of humanitarian aid, charitable donations
or free assistance for profit, and criminal offenses related to them, in particular
the actions of a general subject who, in complicity with a special one, participates
in the commission of the analyzed criminal offense, as well as legalization
(laundering) of proceeds from crime (Article 209 of the Criminal Code of
Ukraine), acquisition, receipt, storage or sale of property obtained by criminally
unlawful means (Article 198 of the Criminal Code of Ukraine)