Abstract:
The article carries out a historical and legal analysis
of the composition of crimes provided for in
Art. 147 and 150 of the Special Part of the Criminal
Code of 1960. It is noted that public relations in the
sphere of economic and related activities are among
the most widespread and significant. Therefore, in
order to protect the normal functioning of economic
and related activities, Chapter VII “Criminal offenses
in the sphere of economic activity” is included in
the Special Part of the Criminal Code of Ukraine.
The authors draw attention to the changes related
to the understanding of the content of criminal
offenses in the field of economic activity during
the last decades. It is emphasized that the changes
made to Chapter VII of the Criminal Code of Ukraine in accordance with the Law of Ukraine dated June 19,
2020, led not only to the exclusion and significant
updating of the wording of a number of previously
existing articles (for example, Article 232-1 “Illegal
use of insider information”), but also before the appearance
of two completely new special prohibitions
regarding the establishment of criminal liability for
abuse in wholesale energy markets (Articles 222-2
and 232-3). Yes, Art. 222-2 was called “Manipulation
on the energy market”, and Art. 232-2 – “Illegal
use of insider information regarding wholesale
energy products.”
The authors concluded that the development of
social relations and the radical changes that took
place in Ukraine at the end of the 80s and the beginning
of the 90s of the last century were also reflected
in the understanding of the essence of criminal
offenses in the field of economic activity. Article 147
of the Criminal Code of the Ukrainian SSR of 1960
was eventually transformed into Article 227 of the
Criminal Code of Ukraine (“Deliberate introduction
into circulation on the market of Ukraine (release
on the market of Ukraine) of dangerous products)
with a significant softening of the sanction of the
article (punishment) from deprivation of liberty for a
certain the term of monetary recovery (fine). Article
150 of the Criminal Code of the Ukrainian SSR (“Employment
of private entrepreneurial activity”) has
lost its relevance and was decriminalized according
to the Law of Ukraine dated July 7, 1992
