FORENSIC CHARACTERISTIC OF THE BRIBERY
|Yu. O. Kandyba 1|
|Affiliations||1 Sumy State University, 2, Rymskogo-Korsakova st., 40007 Sumy,Ukraine|
|Issue||Issue 6, Year 2017|
|Citation||Kandyba Yu. O. Forensic Characteristic of the Bribery, 6, 54-59 (2017)|
|Keywords||bribery, bribe taker, forensic characteristic of bribery, place of committing bribery, way of committing bribery.|
|Annotation||The article generalizes the notion of forensic characteristics of bribery, as well as it was found that under the study of forensic characteristics of bribery it is understood to clarify the nature of the crime and its criminal-legal qualifications. The main reasons for the complexity of the investigation of bribery are determined.
It was found out that the feature of the subject of bribery is solely property, since the receipt of a bribe refers to mercenary crimes. The subject of a bribe should be the property, the right to property or other actions of property nature.
The peculiarities of the mechanism of committing bribery are analyzed. Unlike other crimes for him, certain features are characteristic. In particular, his subjective side must necessarily consist of two elements – the bribe-taker and bribe-taker, whose relationship between them is of a hidden nature.
It has been determined that one of the most significant elements of the forensic characteristics of bribery is the ways of committing crimes that differ, since they cover a large range of aspirations of various individuals in a particular area of official activity.
It was analyzed and found out that an important place in considering the issue of forensic characteristics of bribery is the method of concealing a crime. Despite the variety of structures where these or other benefits can be obtained for bribes, the ways of concealing them are quite typical. These methods are considered in the work.
Regarding the place of giving a bribe, it was found that, depending on the subject, it can be of two types materialized and documentary. Depending on this, there are typical places that are common to both species.
In summary, this definition of the concept of forensic characteristics of bribery, which should be understood as a system of mutually consistent factual data and the scientific conclusions and recommendations based on them on the peculiarities of the investigation of this type of crime.