1. ШАХРАЙСТВО ІЗ ГУМАНІТАРНОЮ ДОПОМОГОЮ У ПЕРІОД ДІЇ ВОЄННОГО СТАНУ: СУЧАСНІ РЕАЛІЇ
- Author
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О. М., Рєзнік
- Subjects
CRIME ,LEGAL documents ,HUMANITARIAN assistance ,CRIMINAL procedure ,LEGAL liability ,FRAUD - Abstract
The article is devoted to a comprehensive scientific study of the essence of fraud with humanitarian aid and the clarification of possible ways of committing it during the period of martial law. From the analysis of individual provisions of some legal documents of the current national legal framework, it was concluded that the specifics of the committed illegal criminal act, which can be qualified as fraud, further affects: determination of the type of legal responsibility to which the offender will be held; selection of measures of a certain type of legal responsibility. In the context of the chosen field of scientific knowledge, possible fraud schemes with humanitarian aid during the period of martial law are considered using specific examples. Current data of the Ministry of Defense of Ukraine regarding the situation with embezzlement of humanitarian aid, based on the results of joint audits with the State Customs Service, are provided. It was concluded that the circle of subjects committing fraud with humanitarian aid is represented not only by officials as representatives of state authorities and local self-government, but also often by people who represent themselves as volunteers or military personnel. According to the results of the considered specific examples of the exposure of fraudulent schemes of embezzlement or appropriation of humanitarian aid, their most important difference is highlighted, which is explained by the amount of damages caused by such illegal criminal actions: in the case of committing such a criminal offense by officials, the amount of damages from this is many times greater than in cases of embezzlement charitable assistance by persons who do not hold certain positions, do not hold a responsible or particularly responsible position in state authorities and local self-government bodies. It was emphasized that it is important in the fight against humanitarian aid fraud, which is widespread in our country today, that the law enforcement officers timely expose the persons guilty of these illegal acts, further fair, impartial justice, and as a result - the inevitability of leg al liability. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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