SUBJECT-BASED CONTRIBUTORS OF CRIMINALS WHICH REGULATE CRIMINAL LIABILITY FOR VIOLATIONS ACCEPTED IN EXPERT ACTIVITY

Abstract

The research is devoted to criminal legal assessment of violations committed during the expert activity. The elements of crimes involving the criminal responsibility for violations committed during the expert activity have been analysed. The issues of criminality and sentencing for crimes committed by experts have been studied. The correlation of crimes committed during expert activity with related encroachments and the circumstances precluding criminality of an action in the expert activity have been determined. It has been established that criminal responsibility for violations committed during the expert activities stipulated by the article 365-2, chapters 3, 4, articles 368-4, 384, 385, 387 of the Criminal Code of Ukraine. The new theoretical regulations and amendments to the Special Part of the Criminal Code of Ukraine regarding regulation of liability for violations committed during the expert activity have been suggested. A generalization of the practice of examining criminal proceedings related to crimes committed by experts, by the courts of Ukraine has been carried through. Signs subjective side of the offense may be defined by the legislator directly, based on the title of the article (in fact, crime) and follow from the terms it uses in the disposition of the criminal law. Signs subjective side of the offense is not defined in the disposition of the article, but may be determined by the interpretation of articles or comparison of the offense with compositions similar to him for objective and, if possible, subjective criteria.