Kolodin D. Criminal liability for falsification of election and referendum.

The dissertation deals with the research into the problems of criminal liability for falsification of election and referendum results. The definition of the notion «election returns» was propounded in the course of the investigation; the scientific position of the researchers who uphold the necessity of application of the notion «forgery» instead of «falsification» in the provisions of Article 158 CC of Ukraine was further developed. Further, the history of evolution and foreign experience of formation of the grounds for criminal liability for falsification of election and referendum returns was analyzed. Following the results of the research into objective and subjective characteristics of falsification of election and referendum returns the proposition was formulated to refine the grounds of criminal liability for the above said offence by way of stating the provisions of Article 158 parts 4 – 8, CC of Ukraine in a separate Article of CC of Ukraine. Additional arguments were suggested concerning the necessity to establish a new type of penalty, namely «forfeiture of the right to elect and be elected» for the offences against election and referendum rights.