Legal Policy On Declaring Unreliable Information
Keywords:
declaring unreliable information, failure to file a declaration, the subject of the declaration, corruption, unconstitutionality.Abstract
The article analyzes the advantages and disadvantages of the application of Art. 366-2 of the Criminal Code of Ukraine «Declaration of inaccurate information». It is concluded that the new version of the article has shortcomings related to the emphasis on the intentional entry of knowingly unreliable information into the declaration by the declaring subject. The sanction of Art. 366-2 of the Criminal Code of Ukraine «Declaration of inaccurate information» provides for the following types of penalties: fine, community service and restraint of liberty. The most severe punishment under the new article is restriction of liberty. It has been proven that punishment for corruption crimes should be tougher in order to effectively prevent corruption offenses.
Formulated recommendations for the practice of application of Art. 366-2 of the Criminal Code of Ukraine, as well as proposals for her improvement.
Proposed Art. 366-2 «Declaration of unreliable information» of the Criminal Code of Ukraine shall be worded as follows:
«1. Submission by the declaring subject of unreliable information to the declaration of a person authorized to perform state or local government functions provided by the Law of Ukraine «On Prevention of Corruption», if such information differs from reliable in the amount of 300 to 4000 living wage for able-bodied persons –
shall be punishable by restriction of liberty for a term up to three years, or imprisonment for the same term.
2. Submission by the subject of declaration of unreliable information to the declaration of the person authorized to perform the functions of the state or local self-government, provided by the Law of Ukraine «On Prevention of Corruption», if such information differs from reliable ones in the amount of more than 4000 subsistence minimums for able-bodied persons, –
shall be punishable by imprisonment for a term up to three years with deprivation of the right to hold certain positions or engage in certain activities for a term up to four years.»
