Criminal Law Potential of Criminalization Illegal Use for Humanitarian Aid Profit, Charity Donations or Free Assistance

The criminal law potential of criminalization of illegal use for the profit of humanitarian aid, charitable donations or free assistance is investigated. By applying the grounds of criminal law, the basis of criminalization of socially dangerous act, the social need for the existence of a rule that regulates criminal liability for illegal use for the purpose of obtaining the profit of humanitarian aid, charitable donations or free assistance. The presence in Ukraine of both social and social and psychological grounds for the criminal law prohibition provided for in Art. 201-2 of the Criminal Code of Ukraine. It is established that unlawful use for the profit of humanitarian aid, charitable donations, free assistance is not single, but on the contrary, a common socially dangerous phenomenon. The existence of criminal responsibility for the acts provided for Art. 201­2 of the Criminal Code of Ukraine, corresponds to the principle of commemoration of the positive and negative consequences of criminalization. However, a number of system-legal principles of criminalization have been ascertained, which are not fully taken into account by the legislator in the criminalization of the relevant act. It is established that the legislator did not comply with the criterion of legal certainty as a component of the rule of law, which is necessary in the design of criminal law. It has been found that non-compliance with the rules of legislative technique in the process of constructing criminal laws indicates that the relevant legal norm is not effective in practice. It is established that amendments to the Criminal Code of Ukraine, by adding to his article on criminal liability for the illegal use of humanitarian assistance, charitable donations or free assistance is a false criminalization, since the actions provided for this article may be qualified under other articles of this Code.