Author: User
Company: MoBIL GROUP

Zakrevskyi A.V. Features of punishment for violation of human rights to defence

	The article analyses of the sanctions a crime under Article 374 of the Criminal Code of Ukraine. The analysis of the differences between the crimes of the sanctions with common features both in terms of the subject of the offense and in relation to the illegal acts themselves. Provided reasonable proposals to improve the sanctions for the crime of violation of the right to defence.
The author notes that Article 374 of the Criminal Code creates an offense that does not have related in a further object of attack, so conducting a comparative analysis of the specific perpetrator. This, in turn, will make it possible to track and analyze the types and sizes of punishment. This analysis will allow to determine differences between investigated sanctions crimes and give reasonable suggestions for their improvement.
In the study of the perpetrator, the author found that Article 374 of the Criminal Code (violation of the right on defence), he is special, and the number of persons, stipulated by law, exhaustive. Thus, the subject of such actions is an investigator, prosecutor or judge.
The author notes that the sanction of Article 374 of the Criminal Code would be correct and logical to compare with the sanctions of Articles 364, 365, 367, 371, 372 of the Criminal Code, as between them have common features as on the subject of the crime, and about the same illegal actions.
It should be noted that the author found conflict rules on penalties contained in the sanction of Article 374 of the Criminal Code.
According to the author, the contradiction between the various standards is seen prescription of Article 57 of the Criminal Code and of Article 374 of the Criminal Code.
In this context, the author seems unjustified presence of such punishment sanctions of Article 374 of the Criminal Code. It appears that this type of punishment should be removed from that article. As this punishment can not be applied to persons serving in the special subject of a crime that violates a person's right to protection.
In summary, the author notes that the punishment set by the legislator for the actions provided for in Article 374 of the Criminal Code are too soft. In this regard, there is need for relevant amendments to the above provisions of the Criminal Code.
Given the above, it can be concluded that the rule, which establishes criminal liability for violation of the right to defence classified as serious crimes, which emphasizes the need for respect of the persons involved in this illegal activity, namely criminal penalties as strict institution of state coercion. However, the punishment must be fair, that comply with the seriousness of the crime.

Key words: the offense, the sanction, punishment, violation of the right to defence.