Criminal Law Characteristics of the Subject of Unlawful Influence on the Results of Official Sports Competitions

Abstract

The purpose of the article is to provide a criminal law characterization of the subject of unlawful influence on the results of official sports competitions and to determine the specific features of establishing such a subject when applying Article 369-3 of the Criminal Code of Ukraine. The study is based on the analysis of criminal legislation, the provisions of the Law of Ukraine of 3 November 2015 № 743-VIII, scientific approaches to the concept of the subject of a criminal offence, and selected examples of judicial application of the relevant criminal law provision. The study shows that establishing the subject under Article 369-3 of the Criminal Code of Ukraine is complicated by the blanket nature of the note to this article. In order to determine the range of persons who may be involved in unlawful influence on a sports result, it is necessary to take into account not only the wording of the criminal law provision, but also the rules of special legislation in the field of sports. The legal status of a person is important, but it is not the only relevant criterion. The factual connection of such a person with a specific official sports competition must also be established. Particular attention is paid to situations in which unlawful influence is exercised not by a direct participant in the competition, but by another interested person. It is argued that the assessment of such situations should include the method of influence, the role of the person in achieving the desired result, the existence of prior agreements, and the connection between the person’s conduct and a specific sports event. The article also emphasizes the importance of determining the official status of a sports competition, since without this element the application of Article 369-3 of the Criminal Code of Ukraine may be difficult. It is noted that judicial practice under this article is still limited, and the available decisions do not always contain a detailed assessment of the features of the subject of the offence. The study indicates that the current regulation does not always provide sufficient clarity in determining the range of persons who may be connected with unlawful influence on a sports result. Further research into this issue remains relevant, especially in view of the limited volume of judicial practice and possible future amendments to legislation.