OBJECT OF ABUSE OF POWERS BY AN OFFICIAL OF A LEGAL ENTITY OF PRIVATE LAW, REGARDLESS OF ITS ORGANIZATIONAL AND LEGAL FORM

Abstract

The purpose of the article is to conduct a comprehensive criminal-law study of the object of abuse of powers by an official of a legal entity of private law, regardless of its organizational and legal form (Article 364-1 of the Criminal Code of Ukraine), and to determine its generic, principal direct, and additional direct levels, taking into account the specific characteristics of the offender and the sphere in which this criminal offense is committed. Research methods: The study was conducted using the formal-logical method to interpret the provisions of Article 364-1 of the Criminal Code of Ukraine and related provisions of civil legislation concerning the status of legal entities of private law. The dogmatic method was applied to analyze the traditional classification of the object of a criminal offense “vertically” (general, generic, and direct objects) and “horizontally” (principal, additional mandatory, and additional optional objects). The systemic-structural method was used to establish the place of Article 364-1 of the Criminal Code of Ukraine within the system of Chapter XVII of the Special Part of the Criminal Code of Ukraine and its relationship with related offenses. The methods of analysis and synthesis were employed to generalize and compare the scholarly positions of different authors concerning the definition of the generic and direct objects of the criminal offense under study. Results. It is substantiated that the generic object of Article 364-1 of the Criminal Code of Ukraine comprises social relations ensuring the proper procedure for the performance of official duties by officials and professional activities by persons providing public services. The article formulates the author’s definition of the principal direct object as social relations ensuring the procedure established by law, constituent documents, and other lawful acts for the exercise by an official of a legal entity of private law of the powers vested in them in accordance with their purpose and the legitimate interests of the legal entity. The content of the concept of “interests of a legal entity of private law” is examined, demonstrating that it cannot be reduced to profit-making, but encompasses lawful conduct of activities, preservation of property, performance of obligations, and achievement of statutory objectives. The article establishes the alternative yet mandatory nature of the additional direct object, which consists of the rights and interests of individual citizens, state or public interests, or the interests of legal entities that suffer substantial damage. Conclusions. The object of the criminal offense provided for by Article 364-1 of the Criminal Code of Ukraine has a multi-level character. The principal direct object is defined as social relations concerning the proper exercise by an official of a legal entity of private law of the powers vested in them in accordance with their purpose and the legitimate interests of that legal entity. The additional direct object comprises legally protected rights and interests of individual citizens, state or public interests, or the interests of legal entities that suffer substantial damage. This approach makes it possible to distinguish the object of the encroachment from the characteristics of the act itself and its consequences.