The Mental Element Criminal liability for Illicit Enrichment

Abstract

The purpose of the article is to research methodological approaches to the establishment of criminal liability for illicit enrichment. The methods of scientific research are to characterize of different levels of complexity and to prove the necessity of their complex use for research of the problem. The methodological basis of the study is a set of methods of scientific research: historical, comparative law, descriptive, system-structural, dogmatic, sociological and modeling method. The study also used other methods of scientific research: the method of analysis of vocabulary definitions, formal-legal, as well as the method of induction and deduction. Scientific novelty. The author’s methodological approach to the research is offered of criminal liability for illicit enrichment which could be important for further research in this way. According to the results of the conducted research, the following conclusions have been formulated that the choice of method is important to clarify the scientific and theoretical foundations of any research. It was proposed that in the context of methodological research the establishment of criminal liability for illicit enrichment: 1) historical method provides an opportunity to get the patterns of criminal liability for illicit enrichment at different stages of historical development of the state; 2) comparative law method allows taking into account the international experience of foreign countries to suggest ways to improve; 3) descriptive method is used for qualitative characterization of the subject of a criminal offense; 4) the system-structural method makes it possible to shed light on the internal constructions of norms; 5) dogmatic method helps to identify shortcomings and explore ways to improve the criminal law of illicit enrichment; 6) sociological method is needed to analyze social conditions, phenomena and factors; 7) the modeling method is designed to formulate proposals to the legislation of Ukraine; 8) method of analysis of dictionary definitions for in-depth analysis of individual concepts; 9) the formal-legal method is used within the comparison of the norms of the current criminal legislation and the draft laws of Ukraine;
10) the induction method is used to obtain a general conclusion; 11) the method of deduction is used in the separation and characterization of the criteria for differentiation of criminal liability for illicit enrichment.

Keywords: methodology; method; illicit enrichment; criminal offence.