CRIMINAL LEGAL SANCTIONS IN THE ARTICLES OF THE CRIMINAL CODE OF UKRAINE INTRODUCING THE RESPONSIBILITY OF THE ACTIVITIES OF THE TERRORIST ORGANIZATIONS

Abstract

The article deals with the problem of designing criminal sanctions, as well as the imposition of punishment for crimes committed by terrorist organizations (creation of a terrorist organization — Article 258-3 and financing of the creation of terrorist organizations — Article 258-5). In addition, sanctions on adjacent offenses of crimes (in particular, the creation of non-statutory armed units — Article 260 of the Criminal Code of Ukraine) were analyzed. The article uses a wide empirical base — about 100 sentences were analyzed in the above articles in relation to the purpose of punishment of guilty persons. Based on the analysis of the practice of imposing punishment for the creation and operation of terrorist organizations, as well as for the financing of terrorism, taking into account the main achievements of criminal law and using such methods of scientific research as statistical, axiomatic, systematic structural analysis, abstraction, induction, deduction, synthesis , modeling, generalization revealed the main tendencies of prediction of the punishment for committing the above-mentioned crimes, which concern both basic and additional punishments, as well as same size. In addition, the following changes to criminal sanctions are proposed: 1) to provide for basic punishment in the form of imprisonment for a term of 5 to 15 years for the creation and operation of paramilitary or armed formations not provided for by law; 2) in sanctions foreseen for the creation and operation of criminal organizations, confiscation of property as an additional optional punishment or does not include this type of punishment, provide for the confiscation of property as additional mandatory punishment; 3) in the sanctions of Part 1 of Art. 258-5 of the Criminal Code of Ukraine additional punishment in the form of deprivation of the right to occupy certain positions or engage in certain activities to translate into an optional.