PECULIARITIES OF THE DEFINITION OF CRIMES RELATED TO THE ADOPTION OF PROPOSAL, PROMISE OR OBTAINING ILLEGAL PROFIT ACCORDING TO THE CRIMINAL CODE OF UKRAINE

It is stated in the article that one needs to determine what a qualification of offences represents in order to analyze everything thoroughly and qualitatively. The notion «a qualification of crimes» is widely used in criminal law, criminal process, criminology, judicial statistics and other fields of law, jurisprudence including the legal practice. Nevertheless it doesn't have a legislative determination. Most widespread and commonly used understanding of crimes qualification is related to the determination and juridical fixation of correlation between features of committed crime and attributes of corpus delicti specified by the criminal and legal norm. The article aim is to develop an optimization of qualifying crimes related to the adoption of proposal, promise and obtaining illegal profit according to the criminal law of Ukraine. It is stated that a qualification of crimes includes the following actions: 1) a selection of norm that presupposes responsibility for the committed crime; 2) a determination of correspondence between real features of committed offense; 3) attributes of corpus delicti outlined in the criminal law; a procedural fixing of conclusion concerning presence or absence of correspondence between real features of committed crime and attributes of corpus delicti in accordance with the criminal and legal norm. It is stated that the illustration of actual case circumstances lies in formulation of factual corpus delicti.So one chooses only important factual data being a reason to employ a legal norm. The violator's postcriminal behavior, characteristics of his personality, other circumstances that serve as a legal basis to mitigate punishment or exemption from liability (for example committing a crime as a result of hard personal, family or other circumstances as well as a person's loss of social danger during investigation) don't have importance in the context of determining presence or absence of insignificance according to the Chapter 2, Article 11 of the Criminal Code.