ON THE ISSUE OF QUALIFYING SIGNS OF NON-ENFORCEMENT OF A COURT DECISION UNDER THE LEGISLATION OF UKRAINE AND THE STATES OF THE EUROPEAN UNION
Journal Title: Jurnalul juridic naţional: teorie şi practică - Year 2018, Vol 1, Issue 2
Abstract
The article deals with various concepts of definition of qualifying attributes of a crime. The qualifying attributes of the crime, stipulated by art. 382 of the Criminal Code of Ukraine “Failure to comply with a court decision”, and its features are determined. The qualifying signs of criminal punishments for failure to comply with a court decision under the legislation of the European Union states are investigated. Attention is drawn to the fact that, unlike Art. 382 of the Criminal Code of Ukraine, no provision in the criminal codes of the states of the EU does not stipulate as a qualifying attribute the responsibility for failure to comply with the ECtHR judgment. It has been established that the criminal codes of a number of EU states contain grounds for exemption from criminal liability for non-enforcement of a court decision. The experience of individual EU countries in the subject area is taken into account and some changes to the national legislation on this issue are proposed.
Authors and Affiliations
Volodymyr NALUTSYSHYN
Keywords
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