ПОКАРАННЯ ЗА ПІДКУП ВИБОРЦІВ, УЧАСНИКІВ РЕФЕРЕНДУМУ: ПРОБЛЕМИ ПОБУДОВИ КРИМІНАЛЬНО-ПРАВОВИХ САНКЦІЙ ЗА СТ. 160 КРИМІНАЛЬНОГО КОДЕКСУ УКРАЇНИ ТА ШЛЯХИ ЇХ ВИРІШЕННЯ
Keywords:
bribery of a voter or referendum participant, criminal liability, criminal sanction, punishment, fine, imprisonmentAbstract
The article is devoted to the problematic issues of the construction of a criminal-law sanction under art. 160 of the Criminal Code of Ukraine “Bribing a voter, a participant in a referendum” taking into account the judicial practice of imposing punishment for 2015–2017, and the conformity of its construction with the rules and laws determined by the doctrine of criminal law. The article investigates the issue of punishment under art. 160 of the Criminal Code of Ukraine in judicial practice and peculiarities of the structure of the crime, stipulated by this norm. A link has been traced in designing sanctions between the main and the qualified composition, as well as the issue of the coherence of punishment with other crimes against election and referendum rights. The questions of the consistency of designing a sanction with other crimes connected with obtaining the illegal benefit are considered. Based on the study, conclusions were drawn on improving the sanction of art. 160 of the Criminal Code of Ukraine.
