PUNISHMENT FOR FAILURE TO COMPLY WITH A COURT DECISION UNDER THE LAWS OF THE EUROPEAN UNION
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 5, Issue
Abstract
It is possible to divide the criminal law of the states of the European Union as follows: the EU states which, for non-enforcement of the court decision, provide for punishment only the restriction of freedom, imprisonment, imprisonment (Poland, Bulgaria, Slovakia, Belgium, Hungary, Sweden) and the EU states, who for failure to comply with a court decision provide for punishment of restraint of liberty, imprisonment, imprisonment, as well as additional punishment, impose a fine (Latvia, Lithuania, Estonia, Romania, Slovenia, Czech Republic, Spain, Finland, France, Austria, Denmark, the Netherlands, Germany). It is also worth noting that only the Spanish legislator provided for deprivation of the right to hold an official position or a state post (which is a similar type of punishment under Article 382 of the Criminal Code of Ukraine). We consider it worthwhile to borrow as a positive experience such penalties for failure to comply with a court decision as punitive and public works provided for in the criminal law of Latvia, Lithuania and Bulgaria. It is difficult for us, in our opinion, that the majority of the criminal codes of the states of the European Union do not indicate the lower limit of the punishment imposed for non-enforcement of a court decision, whether it is imprisonment or a fine (Latvia, Lithuania, Estonia, Poland, Bulgaria, Slovenia, Czech Republic, Finland, Austria, Denmark, Netherlands, Germany, Hungary, Sweden). In general, it should be noted that sanctions for failure to comply with a court decision under the Criminal Code of Ukraine are more severe than sanctions for a similar norm under the criminal law of a number of European Union states.
Authors and Affiliations
В. В. Налуцишин ,
Keywords
Related Articles
- EP ID EP480454
- DOI -
- Views 54
- Downloads 0
UKRAINIAN MONOGRAPHIC STUDY NGOS
The article reveals that the issues of non-governmental organizations in Ukraine were studied by the researchers mainly during the period when the Law «On associations of citizens» was in action. After the new Law of Ukr...
ROLE OF THE NATION POLICE OF NATIONAL RESOURCER USAGE
The article analyzes the National Police role in providing national resources usage, as the number of applications and ecologists’ declarations concerning natural environment worsening has greatly increased. It is the re...
PROSPECTS FOR THE HARMONIZATION OF UKRAINIAN AND EU VAT LEGISLATION
Prospects for the harmonization of Ukrainian and European Union value added tax (VAT) legal regulations are examined. The authors argue Ukrainian’s obligations resulting from the ratification on the September, 16, 2014 o...
PECULIARITIES OF FINANCIAL MONITORING IN AUDITING
The article deals with approaches to defining the essence of financial monitoring as a preventive measure to prevent and counteract money laundering of «dirty» money. It outlines established by law and based on FATF reco...
RES JUDICATA AS AN ELEMENT OF FAIR JUSTICE
The article is devoted to a legal study of the effectiveness of judicial decisions as an element of the productivity of the legal system. It is noted that in the implementation of law enforcement, courts must observe the...