Nalutsyshyn V. Criminal liability for non-compliance with a court decision under the legislations of Ukraine and the European Union states

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U003039

Applicant for

Specialization

  • 12.00.08 - Кримінальне право та кримінологія; кримінально-виконавче право

05-06-2019

Specialized Academic Board

К 35.725.02

Lviv State University of Internal Affairs

Essay

The dissertation is devoted to the criminal-legal characteristic of non-fulfillment of a judicial decision under the legislation of Ukraine and the EU countries. The state of the investigation of the criminal law characterization of non-execution of the court decision according to the national criminal code is revealed. The historical and legal aspects of the formation and consolidation of criminal responsibility for non-enforcement of a court decision are considered. This is a description of the legal composition of the failure to comply with a judicial decision under national law and the legislation of a number of EU Member States. There are certain specific features of the national legislator that are uncharacteristic in the main elements of the analyzed structure of the crime. The main issues of punishment, which are stipulated for non-enforcement of a court decision under national and foreign legislation, are examined. The qualifying attributes of the crime structure stipulated in art. 382 of the Criminal Code of Ukraine "Failure to comply with the court decision", and their features are determined. The qualifying signs of punishable acts for failure to comply with the judicial decision in the legislation of the EU states are examined.

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