Problems of the objective side of declared unreal information

Abstract

The article is devoted to the study of the peculiarities of the objective side of the declaration of unreliable information, which is provided for in Art. 3662 of the Criminal Code of Ukraine. The aspiration to become a member of the European Union has been an important priority for Ukraine, its governments and citizens for many years. It has been the main driver of democratic change over the last decade and the driving force behind a number of key reforms based on European values. On February 28, 2022, five days after Russia launched a full-scale unprovoked and unjustified aggression, Ukraine applied for membership in the European Union. The admission process remains based on established criteria and conditions. This allows any country involved in the process to demonstrate progress on its own merits, but it also means that the effectiveness of steps towards the EU can be undone if key conditions are no longer met. One of the main requirements of our state is the fight against corruption and the minimization of any corruption risks. Therefore, a detailed study of the issue of declaring inaccurate information is extremely important and timely. The article examines the peculiarities of the objective side, points out the problems that arise in the qualification of this criminal offense. It was established that a mandatory feature of Art. 3662 of the Criminal Code of Ukraine is only a socially dangerous act. It is additionally argued that the composition of the declaration of unreliable information is formal. Jurisprudence and problems of qualification of this part of the criminal offense are considered. The article also analyzes the provisions of the Law of Ukraine «On Prevention of Corruption» № 1700-VII dated 14.10.2014, which relates to the specifics of declaration.