GENESIS OF DECLARATION OF FALSE INFORMATION

Abstract

The article examines the genesis of the declaration of false information as a legal phenomenon and its development within national legislation. The socio-political causes and legal prerequisites that served as the basis for the emergence and subsequent consolidation of this norm are analyzed. Particular attention is given to the study of scientific works by scholars in the fields of criminal and anti-corruption law, who justified the expediency of criminalizing the “declaration of false information” through its inclusion in the Criminal Code of Ukraine.The author conducts a comprehensive analysis of the decision of the Constitutional Court of Ukraine No. 13-р/2020 dated October 27, 2020, concerning the constitutional submission of 47 Members of Parliament regarding the compliance of certain provisions of the Law of Ukraine “On Prevention of Corruption” and the Criminal Code of Ukraine with the Constitution of Ukraine.This decision resulted in the repeal of Article 366-1 of the Criminal Code of Ukraine based on the Law of Ukraine dated December 4, 2020 No. 1074-IX “On Amendments to Certain Legislative Acts of Ukraine Regarding the Establishment of Liability for the Declaration of False Information and the Non-Submission of a Declaration by a Subject of Declaration Who Holds a Public Office or Local Government Position”.The author analyzes scientific positions presented in the works of recognized scholars, in particular K.P. Zadoya and A.A. Vozniuk, who studied this issue, concluding that the unconstitutionality of the norm on the declaration of false information cannot be considered proven due to the lack of necessary arguments in the relevant decision of the Constitutional Court of Ukraine. Furthermore, the author concludes that the legal reasoning of the Court is contradictory and insufficiently substantiated, which casts doubt on the effectiveness of constitutional control as an institution. This decision of the Constitutional Court of Ukraine triggered a constitutional crisis in Ukraine, which had negative consequences for public trust in the legislative and judicial branches of government.