On social danger as a criterion for criminalization of abuse in wholesale energy markets

Abstract

The article is devoted to a critical analysis of the decision of the Verkhovna Rada of Ukraine to supplement the Criminal Code of Ukraine with two new articles 222-2 and 232-3, which resulted in scientifically sound conclusions about the social conditionality of these changes public danger of the act. In particular, it is generally concluded that the analyzed abuses in the wholesale energy market are characterized by the nature and degree of public danger, which are sufficient to recognize them as criminally illegal acts.
At the same time, it is noted that although in Ukraine at the legislative level (the Law of Ukraine of November 15, 2011 «On Amendments to Certain Legislative Acts of Ukraine on the Humanization of Liability for Economic Offenses») was actually enshrined (with the exception of Articles 228 and 230 of the Criminal Code of Ukraine) provision on the inexpediency of criminal law regulation of relations in the field of competition law (except for specific relations protected by Articles 229, 231– 232), which (regulation) was considered harmful and provoking excessive law enforcement intervention in the activities of economic entities «and» excessive level of criminalization of offenses in the sphere of economic activity, the Law of June 19, 2020 № 738-IX «On Amendments to Certain Legislative Acts of Ukraine on Simplification of Investment Attraction and Introduction of New Financial Instruments» VII input There are two new rules (Articles 222-2 and 232-3) which, importantly, without any justification for this step, criminalize certain anticompetitive actions in only one area – the wholesale energy markets, which is by no means cannot be considered a system step.