КРИМІНАЛЬНІ ПРАВОПОРУШЕННЯ У СФЕРІ ГОСПОДАРСЬКОЇ ДІЯЛЬНОСТІ (СТ. СТ. 147, 150) ЗА КРИМІНАЛЬНИМ КОДЕКСОМ 1960 Р.: ІСТОРИКО-ПРАВОВИЙ АНАЛІЗ

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