Кримінально-правова протидія «бурштиновим» правопорушенням: аналіз останніх законодавчих новел

Abstract

The purpose of the article is scientific analysis of the validity of the domestic parliamentarians’ decision to supplement the Criminal Code of Ukraine with Art. 240-1 and to update the current version of Art. 254, which led to the emergence of three new parts in its structure, as well as determination of the prospects for the development of criminal legislation in the relevant area. To achieve the declared goal, the methodology has been chosen, the tools of which made it possible to objectively study the relevant decision by the legislator. When covering the analyzed issues, philosophical, general scientific and specific scientific methods have been used. In particular, the method of systemic and structural analysis has been used both in the study of the links of the analyzed criminal law prohibitions with the legal system of Ukraine as a whole, and also with other norms and institutions of the General and Special Parts of the Criminal Code of Ukraine. A sample study of criminal proceedings, court decisions (specific sociological method) has been carried out. The statistical method made it possible to analyze the corresponding quantitative and qualitative indicators. The comparative method was used to clarify the approaches by foreign states to regulate liability for criminal offenses, which are identical in content. The scientific novelty of the work is based on the fact that the author was one of the first in the domestic criminal law doctrine to prove that the method of improving the mechanism of criminal law counteraction to «amber» offenses, chosen by the legislator and implemented by the Law of December 19, 2019, is not successful. It has been conclusions that instead of supplementing the current criminal law with another special criminal law prohibitions (Article 240-1 and parts 2, 3 and 4 of Article 254 of the Criminal Code of Ukraine), the legislator should have followed the different path, based on improving the existing general norms (Art. 240 and Part 1 of Art. 254 of the Criminal Code of Ukraine), the protective potential of which is quite sufficient for the purpose of effective criminal law protection of the relevant public relations.