Motive and purpose of abuse of influence

It is indicated that, despite the fact that the abuse of influence from the subjective side is primarily characterized by an intentional form of guilt, it is also important to establish the motives and purpose of committing the crimes provided for in Art. 369 of the Criminal Code of Ukraine. Every crime is committed for a specific purpose, and the person who commits it is guided by a certain motive. Therefore, finding out the motive and purpose of these torts is important for understanding the reasons for their commission, as well as the factors that motivate a person to commit such socially dangerous acts. The article examines the content of the motive and purpose of abuse of influence as criminal law features of the crime provided for in Art. 369-2 of the Criminal Code of Ukraine. Based on the results of the study, it was established that the abuse of influence is mostly characterized by a self-interested motive. A selfish motive usually characterizes the subject of “passive” abuse of influence and, much less often, the subject of “active” abuse of influence. However, this does not provide grounds for recognizing this motive as mandatory for a person guilty of abuse of influence. The possibility of committing these torts for other reasons (for example, due to personal enmity) should not be excluded. Since the motive is not a mandatory feature of the crime provided for in Art. 369-2 of the Criminal Code of Ukraine, it does not affect the criminal law assessment of the offense. However, it may be considered when imposing a sentence. It has been argued that a mandatory feature of the subjective side of the abuse of influence is such a goal as influencing the decision-making by a person authorized to perform the functions of the state (Part 1 of Article 369-2 of the Criminal Code of Ukraine) and obtaining an unlawful benefit (Part 2, 3 of Article 369-2 of the Criminal Code of Ukraine). These two types of purpose derive from the content of the criminal law and are important for the qualification of abuse of influence. At the same time, the delict provided for in part 2, 3 of Art. 369-2 of the Criminal Code of Ukraine, may be committed not only for the purpose of obtaining an illegal benefit, but also for another purpose, for example, to help achieve the adoption of a necessary or desired decision by a person authorized to perform the functions of the state or local self-government. Any other goal, apart from obtaining an illegal benefit, does not affect the criminal assessment of the committed offense, but may be taken into account when imposing a sentence.