SYSTEM OF SANCTIONS FOR CRIMES AGAINST JUSTICE IN UKRAINE AND THE REPUBLIC OF AZERBAIJAN

Abstract

The article examines and analyzes the sanctions of the articles of the criminal legislation of Ukraine and the Republic of Azerbaijan, providing for liability for crimes against justice. It is noted that sanctions for crimes against justice do not always adequately reflect the nature and degree of social danger of acts, as well as the design features of the dispositions of criminal law norms. The requirement of adequacy assumes direct interdependence, when the qualitative and quantitative criteria of the danger of a socially dangerous act correspond to the boundaries of its punishability. Within the framework of the problem under study, the proposed changes to the criminal legislation of the Republic of Azerbaijan and Ukraine and the shortcomings of the system of sanctions for crimes against justice in the criminal legislation of both states are identified. It is noted that the vast majority of the main components of the crimes included in the sections “Crimes against Justice” under the Criminal Code of Ukraine and the Criminal Code of the Republic of Azerbaijan, by their legislative structure are formal. The criminal law of the Republic of Azerbaijan and Ukraine has been studied and it has been established that corpus delicti committed by other participants in the process, such as witnesses, experts, victims, translators, contain milder sanctions than crimes committed by law enforcement officers and judges. On the other hand, crimes involving convicts and convicts are also mainly subject to sanctions in the form of imprisonment or restriction of liberty. It is established that the criminal law of both states does not provide for additional punishment in the form of deprivation of the right to hold certain positions or engage in certain activities for the judge’s decision of a knowingly unjust sentence, decision, ruling or resolution.