Characteristics Of Criminal And Legal Sanctions For Declaring Unreliable Information

  • D.M. Miskiv
Keywords: declaring unreliable information, sanction, fine, community service, imprisonment for a definite term, deprivation of the right to hold certain positions or be engaged in certain activities.

Abstract

The article summarizes scientific rules of the development of criminal law sanctions and analyzes the sanction provided for the submission of knowingly inaccurate information in the declaration of a person authorized to perform state or local government functions, and intentional failure to submit such a declaration for compliance with these rules.

In the course of such analysis, it is stated the inconsistency of the sanction of the Article 3661 in the part concerning punishment in the form of imprisonment for a certain term, with the sanctions provided for intentional failure to submit information of other types, as well as for submission of knowingly unreliable information in the reporting, for the formation of databases, implementation of financial control and justice; regulation in the analyzed sanction of punishments, which are opposite basing on the severity; failure to provide the sanction with sufficient opportunities for individualization of punishment.

According to the results of the research, and, first of all, on the basis of the analysis ofjudicial practice, the conclusions are also made about the possible inconsistency of the analyzed sanction with the public danger of actions. Based on the analysis of the other authors’ works, a conclusion is made about the expediency of differentiation of punishment through the allocation of qualified corpus delicti, as well as generalized rules for constructing a sanction of the rule on qualified corpus delicti.

Based on the results of the research, changes are proposed and substantiated regarding the types and sizes of punishments that can be applied for the respective crime. In particular, it is proposed to abandon such a punishment as imprisonment for up to two years, and replace it with arrest for up to six months, as well as significantly expand the penalty in the form of a fine, primarily by significantly reducing its minimum limit to allow individualization of punishment and taking into account the property status of the accused.

The conclusion is also made on the expediency of providing additional punishment in the form of deprivation of the right to hold certain positions or be engaged in certain activities as optional.

Published
2020-08-07
Section
Articles