Criminal consequences of intentional non-compliance with restrictive measures

Abstract

Domestic criminal law is being in constant dynamics, so it means that the norms of the current legislation are being improved, new, previously unknown, criminal-legal categories are being introduced, recommendations of international institutions are taken into account, etc. Not an exception in this process is chapter XIII-1 of the General part of the Criminal Code of Ukraine, which regulates restrictive measures, as well as Article 390-1 of the Criminal Code of Ukraine, where the legislator provided criminal liability for intentional non-compliance of the measures.
 This scientific article does not analyze the composition of the criminal offense under Article 390-1 of the Criminal Code of Ukraine, but considers this article in terms of its criminalization.
 It is proved that the existence within one article of several alternative socially dangerous acts in the form of intentional non-compliance with restrictive measures) provided for in Article 91-1 of the Criminal Code of Ukraine, or intentional non-compliance with restrictive orders, or intentional evasion of the program for offenders, if correct interpretation provided do not contain contradictions.
 The rules of continued application of criminal law restrictive measures in case of their intentional non-compliance and simultaneous bringing a person to criminal justice under Article 390-1 of the Criminal Code of Ukraine are also derived.
 Explained the need to single out a socially dangerous act in the form of intentional non-compliance with restrictive measures provided in Article 91-1 of the Criminal Code of Ukraine in a separate part of Article 390-1 of the Criminal Code of Ukraine as a qualified component of this criminal offense, for which the person will bear more serious criminal consequences, which are provided by the sanction of the article. This will not only promote prevention, but also meet the requirements of international regulations.
 Therefore, in conclusion it is important to emphasize that the regulation of restrictive measures and the establishment of criminal liability for their intentional non-compliance in the Criminal Code of Ukraine is a positive step, but due to the novelty of this legal category there is a need for their partial editing and changes.