FEATURES OF THE MECHANISM OF LUCRATIVE NON-VIOLENT CRIMES UNDER THE ARTICLES 364, 365 AND 369-2 OF THE CRIMINAL CODE OF UKRAINE COMMITTED BY THE EMPLOYEES OF THE STATE PENITENTIARY SERVICE OF UKRAINE

Abstract

It has been found out that most cases of power abuse or official position by the employees of the State Penitentiary Service of Ukraine (hereinafter – SPSU), according to the results of the analysis of judicial practice, is mainly related to crimes in the sphere of trafficking in narcotics, psychotropic substances, their analogues and precursors. 78 % of all detected cases of the commission of power abuse or official position by the employees of the SPSU is executed in conjunction with the crime under the Art. 307 of the Criminal Code of Ukraine, 15 % – related to fraud, 7 % – to other crimes.

The decision to commit the power abuse or official position and related to it crime of the general orientation is usually a positive reaction to the proposition to commit misconduct received by the employee of the SPSU from the part of prisoners or other persons acting in the interests of prisoners. In most cases, illegal purchase of drugs is exercised by the employees of the SPSU not for their own consumption, but for further transfer (in order to sale) for the remuneration by prisoners or other persons acting in the interests of the latter. A characteristic feature is the participation of third parties; contact with them in 95 % of cases occurs out of penal institutions.

The content of the direct actions on non-violent power abuse or official position by the employees of the SPSU is: transfer (entry) on the protected area (zone) of prohibited items and/or against the established order like mobile phones, chargers, cigarettes, money (87 %); unauthorized, contrary to the established order permitting the convicted to leave the location in connection with performing certain works by other intended going beyond the limits of penal institutions (13 %).

Abuse of the influence by the employee of the SPSU in most cases is linked to illegal interference in the process of operative management of the property, which is on the balance of the SPSU and is the property of the state. The motivation of these crimes – is lucrative. The decision of their commission is made by the employee of the SPSU according to the appeals of individuals interested in the use of the state property within unlawful conditions. A characteristic feature is the detailed planning of the crime, provision of legal cover in the form of signing contracts, etc.