ТЕРМІНОЛОГІЧНІ АСПЕКТИ КРИМІНАЛЬНОГО ЗАКОНОДАВСТВА УКРАЇНИ

Abstract

The article considers the issues of improving criminal law terminology. The author draws attention to the existence of incorrect terms and gaps in a number of articles of the Criminal Code of Ukraine, which complicate adequate criminal law assessment of socially dangerous acts, and suggests ways to solve terminological problems that exist in the criminal legislation of Ukraine. In particular, it is proposed to replace in the dispositions and sanctions of the Criminal Code of Ukraine the term "non-taxable minimum income", which does not correspond to modern realities, with the terms "the amount of social tax benefits" (to determine the amount of damage) and "penalty unit".

The author points out the incorrect use in Articles 134 and 154 of the Criminal Code of Ukraine of a separate indication of the lack of voluntary consent of the victim in coercion to the actions specified in the law, as coercion in itself means the absence of such consent. It is proposed to supplement the disposition of Part 1 of Art. 144 of the Criminal code of Ukraine by the instruction to other, along with blood, biological liquid (semen, etc.). The author also proposes a new version of Art. 145 of the Criminal Code of Ukraine, which will provide for criminal liability for intentional disclosure of medical secrets not only for a special entity, as now, but also for any other person. In the articles 189, 343, 345, 346, 348, 349, 377, 379, 398, 400 of the Criminal Code of Ukraine propose to replace the term "close relatives" with "close persons", which will expand the scope of these articles to cases where the activities not only close relatives, but also friends, brides, etc. suffer from the authorized persons indicated in them. The author proposes a new version of Part 2 of Art. 263 of the Criminal code of Ukraine in which there is no incorrect list of various subjects belonging to the cold weapon, and it is simply specified on illegality of actions with it.

Proposed a new version of the disposition of Part 2 of Art. 298 of the Criminal code of Ukraine in which the term "illegal" is not used as superfluous in this case and it is specified to harm even one object of cultural heritage. Disposition of Part 3 of Art. 298 of the Criminal Code of Ukraine in the proposed wording provides for criminal liability for destruction, destruction or damage of two or more objects of cultural heritage or monument (monuments) of national importance.