Subjective Side of the Criminal Offense Provided by Art. 375 of the Criminal Code of Ukraine

The article is devoted to the analysis of the subjective side of the criminal offense under Art. 375 of the Criminal Code of Ukraine. The subjective side is a mandatory element of any criminal offense. The absence of this element means the absence of a criminal offense in general. The subjective side significantly influences the qualification of criminal offenses and thus allows to distinguish criminal acts from non-criminal ones, to differentiate related criminal offenses. It is generally accepted that the act provided for in Art. 375 of the Criminal Code of Ukraine, is committed only with intent. This statement is quite true, because the legislator directly at the disposal of Art. 375 of the Criminal Code of Ukraine uses the term "knowingly", which in itself clearly indicates that a criminal offense is committed with intent. The motive and purpose in the disposition of the researched article are not specified and do not influence the final qualification. At the same time, the qualifying feature of the composition of this criminal offense under Part 2 of Art. 375 of the Criminal Code of Ukraine, is to commit the same acts for selfish motives or other personal interests. A selfish motive is defined as a judge's desire to obtain illegal material gain (obtain property, property rights, get rid of personal property costs, etc.) by issuing a knowingly unjust act. “Other personal interests” as a motive for a criminal offense are in the pursuit of intangible benefits due to such motives as careerism, revenge, envy, protectionism, the desire to obtain mutual service, to enlist support in resolving any issue, to hide his nephew , satisfy sadistic tendencies, etc. Indeed, other personal interests as a motive for a criminal offense may consist, first of all, in the desire to obtain non-material benefits. The culprits may be driven by motives such as careerism, envy, protectionism, the desire to get mutual service, to enlist support in resolving an issue, to hide their incompetence, and so on. Other personal interests may be manifested in connection with the desire to take revenge on someone, to gain an advantage in unfair competition