ШЛЯХИ КРИМІНАЛІЗАЦІЇ ПОСТАНОВЛЕННЯ СУДДЕЮ (СУДДЯМИ) ЗАВІДОМО НЕПРАВОСУДНОГО ВИРОКУ, РІШЕННЯ, УХВАЛИ АБО ПОСТАНОВИ

Abstract

On June 11, 2020, the Constitutional Court of Ukraine recognized Art. 375 of the Criminal code of Ukraine unconstitutional, as that contradicts a principle of rule of law. In this regard, the Verkhovna Rada of Ukraine must bring the regulations established by this article in line with the Constitution of Ukraine and this court decision.

The article analyzes the existing bills (registered №№ 3500, 3500-1, 3500-2, 3500-3) to bring Art. 375 of the Criminal code of Ukraine according to regulatory requirements. It was stated that each of the mentioned bills deserves attention. At the same time, each of them needs refinement.

It is proved that the most optimal version of the draft version of Art. 375 of the Criminal code of Ukraine is the following:"Article 375. Ruling by a judge (judges) of an illegal, unfounded and unmotivated court decision

1. Ruling by a judge (judges) of an illegal, unfounded and unmotivated court decision - shall be punishable by restriction of liberty for a term up to five years or imprisonment for a term of two to five
2. The same actions that caused serious consequences or were committed for selfish motives, in other personal interests or in order to interfere with the lawful professional activity of a journalist, - shall be punishable by imprisonment for a term of five to eight years."

Construction of the project of disposition of part 1 of Art. 375 of the Criminal code of Ukraine in this way shouldn't cause any remarks as in Art. 370 of the Criminal Procedure Code of Ukraine already revealed the content of a lawful, reasonable and reasoned court decision.