The Objective Side of Declaring False Information

Abstract

Abstract. Ukraine’s obtaining the status of a candidate for membership in the European Union necessitated the harmonization of national and European legislation, which in a certain way affects law enforcement during the prosecution of those guilty of declaring false information. The law of Ukraine at the time of martial law effectively canceled the obligation of the subject of the declaration to submit a declaration of a person authorized to perform the functions of the state or local self-government, which does not meet the requirements of the European Union for Ukraine. In addition, the fight against the external enemy-aggressor, in a certain way, diverted attention from the need to counter the "internal enemy" – criminally illegal activities in the field of official activities and professional activities related to the provision of public services, in particular those criminal offenses that are corrupt or related associated with corruption. A high level of corruption generates citizens' distrust of state authorities and authorized persons who perform the functions of the state or local self-government, and also undermines the authority of these bodies, which should be unshakable in wartime conditions. The purpose of the article is to study the objective side of declaring false information, as well as to formulate scientifically based proposals and recommendations for improving national criminal legislation. The methodological toolkit is represented by a system of general scientific and special scientific methods, which provided an objective analysis of the subject of research and the formation of thorough conclusions on this basis. Taking into account the specifics of the topic and the purpose of the research, the following methods were used: comparative legal, dogmatic, systematic, induction, deduction, modeling. It was established that, in view of the separate provisions of the Law of Ukraine "On Prevention of Corruption", the declaration of inaccurate information should be considered completed not from the moment the subject of the declaration enters knowingly inaccurate information into the declaration or the notification of significant changes in the property status, but from the moment the deadline and the number of attempts expire its correction or from the end of the 10-day period required to notify the National Agency for the Prevention of Corruption about significant changes in property status. According to the results of the analysis of the scientific regulations regarding the subject of the study, it is argued that although the method of committing the declaration of false information does not qualify as a socially dangerous act, its definition significantly contributes to the understanding of the forms of manifestation of the objective side of the criminal offense provided for in Art. 366-2 of the Criminal Code of Ukraine, as well as the ability to identify and document it to law enforcement agencies. Other features of a criminal offense are optional and affect only the imposition of punishment as features that aggravate or mitigate criminal responsibility. The submission by the subject of the declaration of knowingly inaccurate information to the declaration during the notification of significant changes in the property status is also a form of manifestation of the objective side of the criminal offense provided for in Art. 366-2 of the Criminal Code of Ukraine. In this regard, we offer Art. 366-2 of the Criminal Code of Ukraine to supplement Part 3 with the following provision: "3. Intentional entry by the subject of the declaration of knowingly inaccurate information into the notification of significant changes in the property status of the subject of the declaration, if such information differs from reliable information in the amount of 500 subsistence minimums for able-bodied persons." In connection with the fact that notifications about significant changes in the property status are required to be submitted exclusively by officials who occupy a responsible and especially responsible position, as well as subjects of declaration who occupy positions associated with a high level of corruption risks , in accordance with Article 51-3 of the Law of Ukraine "On Prevention of Corruption", a note to Art. 366-2 of the Criminal Code of Ukraine to supplement with the relevant provision on this instruction

Keywords: declaration; corruption; non-declaration; objective party; personal statement; false information; official; official activity; professional activity