LEGAL REGULATION OF CRIMINAL LIABILITY FOR NON-EXECUTION OF UKRAINIAN COURT’S DECISION FOR WHICH THE STATE BODY IS THE DEBTOR: CURRENT STATUS
Authors:   Higher Educational Institution ", Tokarieva Katerina ,   Academician Yuriy Bugay International and Scientific Technical University",   , Ukraine, Karpova Nataliia ,   Higher Educational Institution "Academician Yuriy Bugay International and Scientific Technical University", Ukraine
Published: May 2023

Subject of study. The published article is determined for studying such a question as the possibility of qualifying failure to pay the debt collector-individual by the funds designated by the decision of the Ukrainian court provided by the state budget for this purpose provided by a debtor-state body or state enterprise as a criminal offense which is provided by Art. 382 of the Criminal Code of Ukraine. Methodology. In this study, the authors used the logical method, the method of semantic analysis, as well as the comparative law method. The purpose. The purpose of this article is analyzing the body of the criminal offense provided by Art. 382 of the Criminal Code of Ukraine, and tackling the issue as the possibility of qualifying failure to pay the debt collector-individual by the funds designated by the decision of the Ukrainian court provided by the state budget for this purpose provided by a debtor-state body or state enterprise as a criminal offense provided by Art. 382 of the Criminal Code of Ukraine. The authors consider the definition and application of the term «non-execution of a court decision» in judicial practice in Ukraine. The authors came to the conclusion that non-execution of a court decision is an act in the form of action or inaction committed by the subject of the crime provided by Art. 382 of the Criminal Code of Ukraine. The authors established that only officials can fail to comply with the decision of the Ukrainian court on paying the debt collector-individual by the funds designated by the decision of the Ukrainian court provided by the state budget for this purpose. The authors came to the conclusion that to qualify of non-execution of a court decision under Art. 382 of the Criminal Code of Ukraine requires a real possibility of the official to execute the court decision and intentional guilt of the official. The authors analyzed the budget programs to ensure the implementation of court decisions adopted by national courts, which recognized the state or state body or state enterprise as a debtor. The authors studied the procedures for the implementing of budget programs to ensure the implementation of court decisions, adopted by national courts, which recognized the state or state body or state enterprise as a debtor. The main attention was given to finding by the Supreme Court of Ukraine of the person guilty of non-fulfilling the decision of the national court, to which the state body is the debtor. Сonclusion of the study. The authors concluded that the non-payment by the debtor-state body to the debt collector-individual the funds assigned by the decision of the national court has signs of the objective aspect of the body of the crime provided by Part 2 or Part 3 of Art. 382 of the Criminal Code of Ukraine, but it is impossible to qualify the non-payment by the debtor-state body of the funds assigned by the decision of the national court to the debt collector-individual as a crime, provided by Art. 382 of the Criminal Code of Ukraine, because it is impossible to establish a specific subject of the crime. Value / originality. This study is an original analysis of the possibility to proceed officials to criminal liability under Art. 382 of the Criminal Code of Ukraine for failure to pay the debt collector-individual person the funds assigned by the decision of the national court by the debtor-state body.