TO THE QUESTION ABOUT PUNISHMENT FOR CRIMES COVERED BY THE CONCEPT OF RAIDING

Abstract

It is proposed to consider the list of criminal offenses by which the actions of raiders can be qualified, on three levels that correspond to the concept of raiding – in the narrow, wide and the widest understanding. It is noted that for the scientific article, the wide understanding of the list of such offenses is of interest, which includes: forgery of documents submitted for the state registration of a legal entity and individual entrepreneur (Article 205-1 of the Criminal Code of Ukraine); counteraction to legitimate economic activity (Article 206 of the Criminal Code of Ukraine); illegal seizure of property of an enterprise, institution, company (Article 206-2 of the Criminal Code of Ukraine). The purpose of the article is to analyze the practice of punishment for crimes covered by the concept of raiding. The results of the research indicate the presence of a number of shortcomings contained in the sanctions of the specified articles, which include the inconsistency of the severity of the criminal offense and the punishment (for a minor crime (Article 205-1 of the Criminal Code of Ukraine) is punishable by imprisonment, while a serious crime (Part 1 of Article 206 of the Criminal Code of Ukraine) is not punishable); as well as an unjustified variety of periods of deprivation of the right to hold certain positions or engage in certain activities. Regarding the types of punishments provided for in the articles covered by the concept of raiding, the author noted the inexpediency of the use of correctional labour, confiscation and arrest. Instead, support was expressed for the need to apply such punishments as a fine, deprivation of the right to hold certain positions or engage in certain activities, restriction of liberty and imprisonment for a determinate period of time. Emphasis is placed on the need for a serious analysis and a scientifically based forecast of the consequences of increasing the size (terms) of punishments for the crimes provided for in Art. Art. 205-1, 206 and 206-2 of the Criminal Code of Ukraine, and penalties in general before the implementation of the relevant proposals.