THE DIRECT OBJECT OF THE CRIME «DECLARING THE FALSE INFORMATION»

Abstract

In the article the author revealed the signs of the direct object of the crime «Declaring the false information» and also highlighted some discussion points about its characteristics. Today, most citizens of Ukraine consider the corruption as a major problem and a threat to Ukraine’s existence as a state. In the minds of this citizens, this threat precedes the occupation of Crimea by Russia or the military conflict in eastern Ukraine with a neighboring state. Therefore, the every fact of disclosing corruption causes a wave of popular approval, but it has a little effect on the everyday corruption in the everyday lives of ordinary citizens who are no in hurry to combat this corruption, outraged only by the size of the bribes and requiring more corrupt people to be planted. The Criminal Code of Ukraine does not contain the concept of «corruption crime» or «corruption-related crime». However, the legislator in the note to Art. 45 of the General Part of the Criminal Code of Ukraine provided an exhaustive list of such crimes, but did not give any specific signs of such crimes. This list does not contain Article 366-1 «Declaring the false information». But this crime means the submission by the subject of the declaration the inaccurate information in the declaration of a person, authorized to perform the functions of state or local self-government stipulated by the Law of Ukraine «On Prevention of Corruption». So we can assume that this crime relates to corruption – an act that does not contain signs of corruption, but violates the requirements, prohibitions and restriction made by the person. The crime under Article 366-1 of the Criminal Code of Ukraine «Declaring the false information» contains all the corruption-related offenses, the signs of which are set out in the Law of Ukraine «On Prevention of Corruption». The direct object of the crime, provided by Article 366-1 of the Criminal Code of Ukraine «Declaring the false information» are requirements, prohibitions and restrictions of the financial control, violation of the procedure of filing declarations of persons, authorized to perform the functions of the state or local government. In order to harmonize the rules of criminal law and practice of application of Article 366-1 of the Criminal Code of Ukraine «Declaring the false information» by the National Agency for the Prevention of Corruption, we propose to supplement the Art. 45 of the General part of the Criminal Code of Ukraine with another corruption crime – «Declaring the false information».