The objective aspect of non-execution of a court decision under the legislation of the European Union states
Journal Title: Альманах міжнародного права - Year 2018, Vol 19, Issue
Abstract
In foreign countries, approaches to the concept of crime, the composition of the crime, the objective side of the crime, the signs of the objective side differ from similar ideas of the Ukrainian school of criminal law. The objective side of criminally punishable acts for failure to comply with a judicial decision on the legislation of the states of the European Union has been investigated. Accent attention is paid to the fact that unlike the norms providing for liability for non-enforcement of a judicial decision in Ukraine, the legislation of the EU states has different ways of committing similar crimes. It is established that depending on the specific act of behavior of the subject of the crime, the analyzed attacks can be divided into what: they are committed by action (Germany, Netherlands, Austria, Belgium, Sweden, Bulgaria); committed by way of an act (France, Spain, Italy, Denmark, Finland, Czech Republic, Poland, Slovakia, Slovenia, Hungary, Bulgaria, Romania, Latvia, Lithuania, Estonia, Croatia, Luxembourg). The most widespread ways of committing an offense under our legislation are: the commission of unlawful actions (destruction, damage, alienation, etc.) with respect to the property seized (Germany, Austria, Sweden, France, Spain, Luxembourg); the exercise of the right (occupation, driving, etc.), which a person is deprived (the Netherlands, the Czech Republic, Poland, Slovakia, Slovenia) and other means of non-execution of a court decision. It is worth noting that all of the norms we study in the Criminal Code of the EU states have only a formal composition, that is, the occurrence of socially dangerous consequences is not mandatory for criminal prosecution of the perpetrator and the crime is considered complete from the moment the act committed by the disposition of the relevant article is committed. The time and place of the non-execution of the court decision do not appear to be obligatory signs of the objective part of the encroachment according to the legislation of the EU states.
Authors and Affiliations
В. В. Налуцишин
Keywords
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