"The dissertation is the first in Ukraine special complex comparative legal research of concealment of a criminal offense in the conditions of the updated criminal legislation of Ukraine and European integration processes, based on the results of which proposals were formulated aimed at improving the rules of criminal law in terms of criminal liability for this criminal offense. A systematic study of the features of subjective and objective signs of the act, which forms the concealment of a criminal offense, as well as analyzed the features of the distinguishing features of this type of criminal offense from other types of involvement and related structures (Articles 198; 209, 256, 383, 384, 385), based on the peculiarities of the form of the objective side of the act, ways of its objective expression, some aspects of the subjective side, characteristic of related acts that are not inherent in concealment, as well as in the context of such a feature as a criminal offense for certain related warehouses, in contrast to concealment of a criminal offense.
It is argued that the need to expand the sanction for concealment of a criminal offense by non-isolation type of punishment - community service, which will increase the effectiveness of law enforcement, which provides for liability for unpromised concealment of criminal offense, will give the court more opportunities to impose penalties objective signs of the act. The sanction of the proposed part 2 of Article 396 of the Criminal Code of Ukraine proposes to provide for restriction and imprisonment for a term of three to five years as alternative basic punishments and mandatory additional punishment in the form of deprivation of the right to hold certain positions or engage in certain activities.
A comparative analysis of foreign experience in the legal regulation of the criminal prohibition of concealment of a criminal offense has been performed. It is emphasized that the criminal law of any country has its own specifics. It is manifested in the content of the main criminal law institutions, due to historical, national and cultural traditions, the peculiarities of the political system of society, its economy and many other factors. A study of the criminal law of some (over 30) foreign countries led to the conclusion that the peculiarities of the legal regulation of the institution of involvement and its type - the promised concealment, the legislation of these countries can be divided into three groups: 1) countries whose legislation considered as complicity; 2) countries in the legislation of which concealment of a criminal offense is considered as an independent criminal act; 3) countries whose legislation does not consider concealment of a criminal offense at all.
The results of the study allowed to propose a qualitatively new version of Article 396 of the Criminal Code of Ukraine, which proposes to provide a detailed definition of the concept of concealment of a criminal offense; qualified staff - committing the concealment of a criminal offense by an official using his official position; establishment of an alternative sanction for simple offenses, which defines the main non-isolation and alternative isolation punishments; a sanction for a qualified type, which provides for alternative basic isolation punishments, is a mandatory additional punishment in the form of deprivation of the right to hold certain positions or engage in certain activities for up to three years; provide for the conditions of voluntary refusal to conceal and establish the grounds for exemption from criminal liability for concealment of persons with family ties. "
