CRIMINAL CODE OF UKRAINE AND DIRECTIVE (EU) 2019/713 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 17.04.2019 ON FIGHTING FRAUD AND FORGERY OF NON-CASH PAYMENT INSTRUMENTS: COMPARATIVE LEGAL ANALYSIS IN CONTEXT AND ACQUIS COMMUNAUTAIRE

Abstract

The article is devoted to a comparative legal analysis of the provisions of
the Criminal Code of Ukraine and Directive (EU) 2019/713 of the European
Parliament and the Council of April 17, 2019 on combating fraud and
counterfeiting of non-cash means of payment in the context of the acquis
communautaire. By way of itemized analysis, the existing gaps in the criminal law
regulation by domestic regulatory means are identified, described and explained.
Proposals and recommendations regarding the improvement of the Criminal Code
of Ukraine and certain related legislative acts have been formulated. It is
proposed to supplement the criminal law with Article 199-1 "Illegal actions with
an immaterial non-cash means of payment". There is a well-founded need to
increase the minimum punishment to imprisonment for a certain period of time in
the sanction of parts 1 and 2 of Art. 200 of the Criminal Code of Ukraine. A
proposal was made to supplement Art. 96-6 of the Criminal Code of Ukraine in
order to expand the list of measures of a criminal legal nature that can be applied
by the court to legal entities, including the following additionally: deprivation of
the right to state benefits or assistance; temporary deprivation of access to state
funding, including tender procedures, grants and concessions; temporary or
permanent deprivation of the right to engage in commercial activity.