The victim and the subject as elements of the object of the «abuse of influence» offense

The paper examines the features of the object of the crime provided for by Art. 369-2 of the Criminal Code of Ukraine, such as the victim and the subject of the crime. It has been established that in the course of the commission of this offense, the victim is usually excluded. An exception is only the qualified structure of the crime, which is related to the demand of unlawful benefit (Part 3 of Article 369-2 of the Criminal Code of Ukraine). A natural person becomes a victim when extortion is committed, provided for in Part 3 of Art. 369-2 of the Criminal Code of Ukraine, since, as is known, extortion involves the threat of violence against the victim or his close relatives, restriction of the rights, freedoms or legal interests of these persons, damage or destruction of their property or property in their custody or under protection, or disclosure of information that the victim or his close relatives wish to keep secret. The debatable issue regarding illegal gain as a subject or means of committing a crime, provided for in Art. 369-2 of the Criminal Code of Ukraine, has been researched. It has been argued that unlawful benefit should be recognized as the subject of this criminal offense, since the socially dangerous acts described in this article, which consist in the offer, promise or provision of unlawful benefit, as well as in the acceptance of the offer, promise or receipt of unlawful benefit, are committed for the purpose of unlawful benefit, regarding it, as well as the presence of such a criminal offense as abuse of influence is connected with its properties. At the same time, the unlawful benefit specified in Art. 369-2 of the Criminal Code of Ukraine cannot facilitate the commission of this crime, since the actual actions in relation to it constitute criminal influence. This crime is embodied precisely in the actions regarding the wrongful gain. Without illegal benefit, there will be no act, and therefore there is no reason to talk about ensuring its commission or facilitating it. It has been determined that an unlawful benefit could be the means of committing a criminal offense only if the provision of Art. 369-2 of the Criminal Code of Ukraine covered the actual criminal influence on decision-making by a person authorized to perform the functions of state or local self-government.