Abstract
The article is devoted to the problem of appointing punishment in the form of deprivation of the right to hold certain positions or engage in certain activities to persons who did not hold certain positions or engage in certain activities at the time of committing a criminal offense.
 The article analyzes the legal positions formed by the joint boards of the Criminal Court of Cassation of the Supreme Court in the resolutions of September 4, 2023, on this issue. It is concluded that the approach advocated by the Supreme Court is erroneous. According to it, punishment in the form of deprivation of the right to hold certain positions or engage in certain activities may be imposed regardless of whether the accused held a certain position or engaged in certain activities at the time of the criminal offense. Based on the achievements of criminal law theory and taking into account the rule of law principle, the authors propose to interpret the Criminal Code of Ukraine in a different way; namely, it is emphasized that de lege lata, the appointment of the relevant additional punishment to persons who did not hold certain positions or engage in certain activities at the time of committing a criminal offense, should be excluded. 
 It is also stated that the problem under consideration deserves to be resolved at the legislative level as soon as possible. Given the need to strengthen the preventive impact of deprivation of the right to hold certain positions or engage in certain activities de lege ferenda, it is necessary to clearly regulate the possibility of applying this measure both to those who held certain positions or engaged in certain activities at the time of the criminal offense and to those who did not hold the relevant positions or engage in the relevant activities.
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