КРИМІНАЛЬНО-ПРАВОВА ОХОРОНА ВСТАНОВЛЕНОГО ПОРЯДКУ ВИКОНАННЯ СУДОВИХ РІШЕНЬ: ПЕРСПЕКТИВИ ВДОСКОНАЛЕННЯ

Abstract

The article deals with the problematic issues of establishing criminal liability for offenses that encroach on the established order of execution of court decisions. Based on the analysis of the current Criminal Code of Ukraine, the draft Criminal Code of Ukraine, the provisions of the doctrine of criminal law, positions were formulated regarding the systematization of the norms of responsibility for encroachments on the established order of execution of court decisions in the draft Criminal Code of Ukraine. Taking into account the different legal nature of restrictive measures (measures), which can be applied both in criminal proceedings and in civil proceedings, as well as, accordingly, and the different degree of public danger in case of nonimplementation of these measures by the person to whom they are intended, in this article it has been proposed to differentiate responsibility for intentional non-fulfillment of such measures by a person against whom such measures have been applied by the court, depending on the legal nature of such measures, with the establishment of stricter liability for violation (intentional non-fulfilment) of such measures assigned to a person in criminal proceedings. Based on the analysis of the section of the draft Criminal Code of Ukraine on responsibility for crimes and misdemeanors against the order of execution of a court decision, it has been proposed to supplement this section with a special rule on responsibility for non-fulfillment of agreements in criminal proceedings (reconciliation agreements, plea agreements). At the same time, in order to avoid competition with the norms on responsibility for evasion of serving sentences, it has been proposed to include in the disposition of this norm an indication of intentional non-fulfillment by a person convicted by a court verdict on the basis of an agreement on reconciliation or on plea agreements, in the part that does not relate to the assigned punishment.