THE MAIN ISSUES OF DEMARCATION CRIMINAL OFFENSES THAT INTERFERE WITH ADVOCATE ACTIVITIES FROM OTHER CRIMINAL OFFENSES

The article defines the main issues of distinguishing criminal offenses that encroach on the advocate activity from other offenses. It was established that when solving the issues of distinguishing these criminal offenses, it is important to take into account that the main crime-forming feature of the composition of criminal offenses that encroach on the advocate activity is the advocate and the signs of advocate's legal status. However, it should also be taken into account that an advocate can be a victim of such violations (in particular, Articles 374, 380, 397, 398, 399, 400 of the Criminal Code of Ukraine), as well as a special subject (Articles 358, 400–1). In fact, all elements of the object of criminal law protection are negatively affected by encroachment on the legal profession, which is caused by the emergence of specific legal relations with special features in connection with the legal profession. Thus, the subject of infringements (in Articles 397, 398, 399), features of the subject of infringements, the subjective side, as well as the features of the objective side of the actions are also important for demarcation. Distinction between socially dangerous acts that encroach on the advocate activity and official criminal offenses is carried out according to the characteristics of a special subject. However, taking into account the fact that some encroachments on advocacy are carried out by officials, for their qualification and differentiation from other official criminal offenses, the signs of the objective side of the act are also important. It has been established that the distinguishing features between encroachments on advocate activity related to the destruction or damage to the property of an advocate or advocate's close relatives (Articles 398, 399) and other related encroachments (in particular, provided for in Articles 194, 195, 196, 345, 345-1, 346, 347, 347-1, 350, 377, 378 of the Criminal Code of Ukraine) are related to a specific victim, who in all cases is the owner of the property. In addition, the above-mentioned offenses (except those defined in Articles 194, 195, 196) are distinguished from each other by the subjective side, namely, it is mandatory for the perpetrator to be aware of the relevant legal status of the victim and to perform the act in connection with activities of such a victim. The subject of a criminal offense as a distinguishing feature for determining encroachments on advocacy has a specific feature that is related to the ownership of the relevant property to a specific subject — an advocate or advocate's close relatives. These features are due to the legal status of the advocate. Information that constitutes the subject of advocate's secrecy, as the subject of a criminal offense, also serves as the main distinguishing feature, which allows to separate infringements on advocacy activities from other related infringements.