Unconstitutionality of criminal liability for filing inaccurate information in Ukraine: сritical legal analyses

Abstract

The investigation reveals shortcomings in the arguments of the Constitutional Court of Ukraine on the recognition of article 366-1 of the Criminal Code as not being in conformity with the Constitution, in terms of:(a) the court's lack of authority to criminalize socially dangerous acts; (b) lack of argumentation on the absence of social harm in the non-submission of a declaration and in the presentation of inaccurate information; (c) positive foreign experience; (d) conformity of article 366-1 of the Criminal Code of Ukraine with the principle of the rule of law. The article employs a set of legal research methods, including terminological, systemic-structural, formal-logical, and comparative-legal. It is stressed that:(a) the criminalization of a socially harmful act is a matter for the legislator, not the Constitutional Court of Ukraine, to decide; (b) the decision does not present or refute any argument on the element of social harmfulness relating to the non-submission of a declaration and the declaration of inaccurate information. On the basis of the investigation, it has been concluded that the decision of the Constitutional Court on the recognition of article 366-1 of the Criminal Code does not comply with the Constitution and has not been sufficiently substantiated.

Globalization of White-Collar Crime: Far and Beyond National Jurisdictions

“…In addition, authors of this research paper have also extensively covered current legislative models of fighting economic criminality both in Ukraine and in other countries in previously published articles, conference materials and academic treatises (Minchenko et al, 2021;Pidgorodynskyi et al, 2021;Movchan et al, 2021).…”