Суб’єкт кримінальних правопорушень, які посягають на господарські відносини у сфері функціонування будівельного ринку

The article provides a comprehensive study of the criminal-legal aspects of determining the subject of a criminal offense in the sphere of functioning of the construction market. It is emphasized that the construction industry of Ukraine, as one of the key sectors of the national economy, is at the same time one of the most vulnerable to criminal attacks due to the combination of large-scale circulation of financial and material resources, a complex system of licensing and regulatory procedures, numerous participation of public and private entities, as well as a high level of corruption risks. It is noted that in the conditions of modern transformation of the construction market, a clear definition of the circle of persons who can act as subjects of criminal liability becomes relevant. The paper analyzes in detail the general and special features of such individuals. The legal status of officials of state authorities and local self-government bodies authorized to make decisions in the field of construction, heads of contractors and subcontractors, engineering and technical personnel, independent experts, supervisors, as well as other participants whose activities directly or indirectly affect the quality and safety of construction work is considered. Typical criminal offenses characteristic of the construction industry are analyzed, in particular: abuse of power or official position, official forgery of documents, fictitious entrepreneurship for the purpose of legalizing funds obtained by criminal means, non-compliance with safety requirements, which poses a threat to the life and health of citizens. Special attention is paid to the problem of latency of such crimes, which are often hidden behind formally legal documentation or are committed in collusion between several subjects. In this regard, the need to identify signs of organized criminal activity in the construction sector, including financial schemes of tax evasion, collusions during state tenders, manipulations with technical conditions and certificates, was noted. The potential role of legal entities as subjects of criminal legal influence is revealed, which is especially important in the context of the development of the institution of criminal liability of legal entities in Ukraine.