Consideration of the bail concept as a component of a financial liability in the understanding of the law of Ukraine "On the prevention of corruption" for qualification of the act in accordance with article 366-1 of the Criminal Code of Ukraine

Abstract

This article is devoted to the analysis of the current legislation of Ukraine, as well as judicial practice in the context of the need to enter information in the declaration of a person authorized to perform the functions of the state or local government, namely the column "Financial Liabilities", in the form of surety, and the problem of providing a criminal legal assessment in the context of the possibility of the acts qualification under Article 366-1 of the Criminal Code of Ukraine (hereinafter - the Criminal Code of Ukraine). These issues nowadays acquire the status of an exceptional legal problem due to the lack of a single law enforcement practice, and therefore require theoretical and practical consideration. In this regard, the article focuses on the analysis of certain provisions of the Law of Ukraine "On Prevention of Corruption", consideration of the crime under Article 366-1 of the Criminal Code of Ukraine, as well as consideration of the judicial practice of the European Court of Human Rights, the Supreme Court, the Constitutional Court Ukraine, courts of appeal and local courts. Much of the author's attention is focused on the concept of legal nature and the institution of bail in general. In doing so, the author explored the above issues through the lens of human rights protection, based on the understanding of the essence of the principle of legal certainty, which is part of the concept of the rule of law. The conclusions suggested proposals as for improving the question that author discussed by amending national anti-corruption legislation in order to enable it to qualify the act provided for in Article 366-1 of the Criminal Code of Ukraine in the form of failure to enter information in the declaration column "Financial liabilities" of the persons authorized to perform the functions of state or local government in the presence of surety. In particular, the author emphasized that formulation of the norm, which defines the concept of "financial liabilities", makes it impossible to apply it in the context of qualifying a crime under Article 366-1 of the Criminal Code of Ukraine due to lack of legal certainty, which makes it impossible to maintain the principle the rule of law, and therefore a priori, human rights and freedoms will be violated.