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K.B. Marysiuk, U.M. Oleiarnyk Issues of the Subject of Crime Provided for by Art. 366 of the Criminal Code of Ukraine

Kostiantyn B. Marysiuk Uliana M. Oleiarnyk

According to national criminal legislation the action related to service forgery are included to criminal offences in office and professional activities related to provision of public services which public danger is in damaging relations which ensure regular activities of public and private sectors as well as management of entities, institutions and organizations (Chapter XVII of the Special Part of the Criminal Code of Ukraine). The mandatory element of crime provided for by Art. 366 of the Criminal Code of Ukraine is its item. The item of this crime is an official document which is defined in the note to Art. 358 of the CC. According to it the document is official when it has the following features: the content of this document should be certain information; this information should be fixed on any material carrier (paper, magnet, video device, tape, disk etc.); the document which contains this information should be drafted in compliance with the form provided for by law (certificate, order, instruction, minute, regulation etc.) and have requisites provided by law (form, seal, stamp, signature etc.); the information in the document should confirm or authorize some events or facts which contributed or could contribute to legal consequences or can be used as documents – evidence in law enforcement activities; document should be drafted, issued or authorized by the authorized (competent) representatives of state bodies, local self-government bodies, public associations, legal entities of public and private law, as well as certain citizens including private entrepreneurs who are entitled to draft, issue or authorize some documents based on their professional or service activities.     

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