Compensation For Damage Caused by Corruption Crimes Committed in The Allocation and Spending of Budgetary Funds
DOI:
https://doi.org/10.5377/reice.v10i20.16028Keywords:
Corruption Crimes, Investigator, Distribution and Spending of Budgetary Funds, Seizure of Property, Measures of Criminal Procedure DisparagementAbstract
Corruption as a social phenomenon is multifaceted. Crimes of corruption include unlawful acts that have all of the following features: the presence of proper subjects of a criminal offense, which include the officials specified in the notes to Article 285 of the Criminal Code, the relationship of the act to the official position of the subject, deviation from his direct rights and duties; mandatory presence of the subject of selfish motive (the act is associated with the receipt of property rights and benefits for themselves or for third parties); committing the crime only with the direct intent. Despite the existing theoretical and legislative achievements in the field of legal regulation of the investigation of corruption crimes committed in the area of distribution and spending of budgetary funds, in modern conditions there are difficulties in their qualification, the order of initiation of criminal cases, as well as compensation for the harm caused. In this study, taking into account the size of property damage caused by corruption crimes committed in the allocation and spending of budgetary funds, it seems reasonable and appropriate to consider the procedural features of ensuring its compensation.
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