Social and Legal Studios

The article deals with the question whether the consequences concerning three parts of Article 365² of the Criminal Code of Ukraine listed in its Part 1 are mandatory for criminal liability. Which of these consequences are debatable in the light of the existing judicial practice? What should be understood under such consequences considering forensic character of the abuse of power by persons providing public services? The author’s arguments based on the Supreme Court Decision regarding the nature of the caused damage as an element of the forensic characteristic of abuse of authority by persons providing public services are suggested. According to the results of the study, it was found that moral and pecuniary damage caused by abuse of power by persons providing public services should have a monetary equivalent. The infliction of physical harm by the abuse of authority by persons providing public services is unlikely to happen. Special subjects listed in Part 1 of the Article 365² of the Criminal Code of Ukraine may be brought to criminal liability for the misuse of authority on the basis of the consequences, as an element of the forensic character of the abuse of authority by persons providing public services (that is, in case of significant damages rights or interests of individual citizens, state or public interests or interests of legal entities are protected by the law). This rule can be applied only to Part 1 of Article 365² of the Criminal Code of Ukraine. In order to be prosecuted by Part 2 of the Article 365² of the Criminal Code of Ukraine, such a consequence as causing substantial harm to protected by law rights or interests of individual citizens, state or public interests or interests of legal entities is not mandatory since this part of Article 365² of the Criminal Code of Ukraine contains other qualifying attributes, in particular: an act is committed against a minor or incapacitated person, an elderly person or is committed repeatedly. Grave consequences are those features and elements of forensic characteristic which are obligatory for bringing persons to criminal liability under Part 3 of Article 365² of the Criminal Code of Ukraine. Substantial damage and grave consequences may not only result in the damage of property, but also include non-pecuniary damage, but only those that may receive property compensation