КРИМІНАЛЬНА ВІДПОВІДАЛЬНІСТЬ ЗА НЕЗАКОННЕ ЗАВОЛОДІННЯ ТРАНСПОРТНИМ ЗАСОБОМ: АНАЛІЗ ЗАКОНОДАВЧИХ НОВЕЛ

Abstract

The article is devoted to the analysis of the Law of Ukraine of September 3, 2020 “On Amendments to Article 289 of the Criminal Code of Ukraine on Combating Illegal Seizure of a Vehicle”. Taking into account the achievements of criminal law science and approaches developed by judicial practice, validity of this Law’s provisions and their possible impact on law enforcement have been established. Main attention has been paid to the changes in the qualifying features of illegal seizure of a vehicle: changes related to the differentiation of criminal liability for illegal seizure of a vehicle depending on its value; recognition of the use of electronic devices to interfere with the work of technical means of protection as a new liability aggravating element of this crime; expanding the content of repetition. Changes in the part of exemption from criminal liability for committing illegal possession of a vehicle and its punishment have also been analyzed. It has been stated that, with reference to the latest changes to Art. 289 of the Criminal code of Ukraine, if evolutionary mitigation of criminal liability for the encroachment provided by this article has been traced before, at this point, otherwise, the legislator connects efficiency of counteraction to cases of illegal seizure of vehicles with strengthening criminal law repression. A general conclusion has been made about the inadequate level of the Law of September 3, 2020 and that the “profile” laws, on the basis of which amendments to the Criminal Code of Ukraine should be made, cannot be considered as a guarantee of quality lawmaking. It has been proved that, having passed the mentioned Law, the parliamentarians did not take into account specifics of the crime of “illegal seizure of a vehicle”, doctrinal requirements for the content of qualified elements as a means of differentiation of criminal liability, or approaches developed by law enforcement practice. It has been shown that the analyzed legislative changes, partially implemented in the direction of “convergence” of the content of Art. 289 and articles of the Criminal code of Ukraine on liability for criminal offenses against property, complicate definition of prospects of the specific criminal law prohibition related to illegal seizure of a vehicle.