Yusubov K. Criminal responsibility of the failure of execution of court decisions in Ukraine.

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0821U102213

Applicant for

Specialization

  • 081 - Право. Право

21-07-2021

Specialized Academic Board

ДФ 26.236.014

Institute of State and Law. V.M. Koretsky National Academy of Sciences of Ukraine

Essay

According to Art. 129 of the Constitution of Ukraine, a court decision is binding. However, in many cases a person, having received a court decision that has entered into force, faces the problem of impossibility of its execution. One of the elements of ensuring the mechanism of implementation of a court decision is the establishment of criminal liability for non-compliance. Although issues related to non-enforcement of a court decision are characterized by a significant degree of scientific development, some provisions expressed in legal science are debatable or require further study in the light of time, changes in legislation or criminal law policy of the state. The author identifies the following main problems of his research: determining which crimes are those that encroach on the order of execution of a court decision; about the subject of the crime provided by Art. 382 of the Criminal Code, namely the affiliation to it of those court decisions that are not the subject of coercive enforcement relations; attribution of certain acts related to non-execution of court decisions to criminal offenses; determining the form of guilt in crimes that encroach on the order of execution of a court decision, as well as the expediency of enshrining in the Criminal Code of Ukraine a special type of exemption from criminal liability for non-compliance with a court decision and the validity of criminal liability for noncompliance Ukraine, and intentional non-compliance with the conclusion of the Constitutional Court of Ukraine. The aim of the work is to develop

Files

Similar theses