CURRENT ISSUES IN SENTENCING FOR MISLEADING A COURT OR OTHER AUTHORISED BODY
Abstract
Abstract. The article examines topical issues of sentencing for criminal offences under Article 384 of the Criminal Code of Ukraine – misleading a court or other authorised body. Based on an analysis of 155 convictions by courts of first instance for the period 2019–2021, the main trends in judicial practice in this area have been identified. It was found that courts predominantly apply lenient penalties in the form of probation, which indicates a general humanisation of criminal justice and an expansion of the role of the probation service in Ukraine. At the same time, the judges' formal approach to taking into account the general principles of sentencing has been noted, which manifests itself in insufficient analysis of the circumstances of the case and underestimation of the preventive function of punishment. The article highlights the variety of types of punishment applied in cases under Article 384 of the Criminal Code of Ukraine, ranging from restriction of liberty and imprisonment to arrest and fines, with an emphasis on the trend towards imposing suspended sentences with probation periods. Particular attention is paid to the impact of Articles 75 and 76 of the Criminal Code of Ukraine, which regulate exemption from serving a sentence with probation. The practice of applying a more lenient punishment in accordance with Article 69 of the Criminal Code of Ukraine is analysed, as well as the role of plea agreements in simplified criminal proceedings. The need to improve law enforcement practice by taking into account in greater detail the personality of the offender, the severity and circumstances of the criminal offence is emphasised, which will increase the effectiveness and fairness of criminal punishment. The study is important for judges, law enforcement officials and scholars working on the development of criminal law and criminal procedure, particularly in the area of combating criminal offences against justice.
Keywords: misleading the court; criminal liability; punishment; sentencing; judicial practice; probation; conditional release.
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References
Barakhta, V.V. (2023). Concept of probation supervision and prospects for its implementation in Ukraine, 139-143. DOI: 10.36059/978-966-397-327-2-39
Khylchenko, A.S. (2025). Content and components of individualization as a principle of sentencing. Current problems of state and law, 105, 281-290. DOI: 10.32782/APDP.V105.2025.31
Konovalchyk, Ye.O. (2022). The institute of sentencing milder than provided by law: past, present, future. Collection of scientific papers of the Kharkiv National Pedagogical University named after G.S. Skovoroda, 35, 53-61. DOI: 10.34142/23121661.2022.35.08
Levchenko, Yu.O. (2023). Theoretical, legislative and practical aspects of release from serving a sentence with probation. Law enforcement function of the state: theory and practice, 6, 588-591. DOI: 10.24144/2788-6018.2023.06.103
Marysiuk, K. (2020a). On the issue of the concept of general principles of sentencing. Scientific Bulletin of the Dnipropetrovsk State University of Internal Affairs, 3, 114-118. DOI: 10.31733/2078-3566-2020-3-114-118
Marysiuk, K.B. (2020b). Sentencing according to the provisions of the General Part of the Criminal Code of Ukraine. Journal of the National University "Lviv Polytechnic". Series "Legal Sciences", 4(28), 251-259. DOI: 10.23939/law2020.28.251
Navrotskyi, V.O. (2023). Cross-cutting criminal law concepts. Kyiv: Yurinkom Inter.
Nikiforova, T.I. (2022). Release from criminal liability due to expiration of limitation periods. Economics. Finances. Law, 3, 14-18. DOI: 10.37634/EFP.2022.3.3
Orobets, K. (2023). Probation supervision - new type of punishment in Ukraine: analysis of legislative reform as a direction of criminal law policy from the axiological approach perspective. Current issues in modern science, 11(17), 653-662. DOI: 10.52058/2786-6300-2023-11(17)-653-662
Pysmenskyi, Ye.O., & Smahliuk, O.V. (2024). Consideration of mitigating circumstances in the qualification of criminal offenses and sentencing. Academic visions, 33. DOI: 10.5281/zenodo.13164789 https://doi.org/10.5281/zenodo.13164789
Shkuta, O.O. (2023). Criminal-law principles of the institute of release from serving a sentence with probation. Legal Bulletin, 31, 79-86. DOI: 10.32850/LB2414-4207.2023.31.11
Syiploki, M.V. (2022). Judicial practice of release from serving a sentence with probation for criminal offenses against security activities. Scientific Bulletin of Uzhhorod National University. Series "Law", 69, 367-372. Retrieved from http://visnyk-pravo.uzhnu.edu.ua/article/view/254888/251998
Telefanko, B.M. (2023). Probation supervision as a new type of punishment and its impact on recidivism, 154-157. DOI: 10.36059/978-966-397-327-2-46
Vartyletska, I.A., & Sharmar, O.M. (2021). Features of qualification of criminal offenses committed under martial law and special period. Bulletin of the Criminal Law Association of Ukraine, 1(15),
-206. DOI: 10.21564/2311-9640.2021.15.233611
Yashchenko, A.M. (2021). Conviction by court sentence without sentencing as a separate form of criminal responsibility. Bulletin of the Criminological Association of Ukraine, 1(24), 21-30. Retrieved from https://dspace.univd.edu.ua/server/api/core/bitstreams/39cbc1ec-f303-4e66-9007-7f625a21da29/content
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