ДИСКУСІЙНІ ПИТАННЯ ЩОДО УДОСКОНАЛЕННЯ КРИМІНАЛЬНОЇ ВІДПОВІДАЛЬНОСТІ ЗА КРИМІНАЛЬНІ ПРАВОПОРУШЕННЯ У СФЕРІ ГОСПОДАРСЬКОЇ ДІЯЛЬНОСТІ

The article is devoted to the analysis of certain legislative initiatives aimed at improving criminal liability for criminal offences in the field of economic activity. The author notes that the events taking place in the State have an impact not only on the economic, political and social factors of its development, but also have a direct link with crime. It is noted that amendments and additions, criminalisation and decriminalisation of certain criminal offences are ongoing processes which take place in the Law of Ukraine on Criminal Liability. The main task of amending and supplementing any legal act is to improve it, to take into account the problems that arise when applying a particular provision by law enforcement and judicial authorities. However, not all proposals for improvement of the Criminal Code of Ukraine take into account the provisions of current legislation, international law or are aimed at eliminating gaps in law enforcement practice. It is noted that from 01 January 2023 to 13 August 2024, 208 amendments and additions were proposed to the Criminal Code of Ukraine, including those relating to criminal offences in the field of economic activity, including: the draft Law of Ukraine on Amendments to the Code of Ukraine on Administrative Offenses and the Criminal Code of Ukraine on Improvement of Liability for Illegal Traffic of Excise Goods (reg. 9364 dated 08.06.2023), the draft Law on Amendments to the Criminal Code of Ukraine and the Code of Ukraine on Administrative Offenses on establishment of criminal liability for inefficient use of budget funds in public procurement (reg. 10151 dated 13.10.2023), draft Law on amendments and additions to the Criminal Code of Ukraine (regarding the elimination of contradictions in the punishment of criminal offenses) (reg. 8235 dated 28.11.2022), draft of the Law on Amendments to Certain Legislative Acts on Administrative and Criminal Liability for Violations Related to Payment Services (Reg. 6295 dated November 8, 2021). The author concludes that amendments to the Criminal Code of Ukraine should not be justified by political factors, but should be based on judicial practice. [ABSTRACT FROM AUTHOR]