Покарання як захід кримінально-правового регулювання права на недоторканність житла: порівняльно-правовий аналіз КК України та деяких зарубіжних країн

The article examines one of the measures of criminal-legal regulation of the right to inviolability of housing, punishment on the basis of Ukrainian and foreign legislation. A comparative legal analysis of Art. 162 of the Criminal Code of Ukraine with the corresponding criminal-legal norms of the Criminal Codes of such countries as Georgia, the Republic of Uzbekistan, the Republic of Tajikistan, the Republic of Azerbaijan, the Republic of Kazakhstan, the French Republic, the Kingdom of Spain is carried out. It is proved that the sanctions of the article of the Criminal Code of Ukraine and foreign countries have similarities and differences. In Ukrainian legislation, Art. 162 of the Criminal Code of Ukraine provides for such types of punishment as a fine, correctional labor, restriction of freedom, imprisonment. The sanctions of the articles of most foreign countries also enshrine such types of punishment, but also have such punishments that are not provided for by Ukrainian legislation (arrest, public affairs (Criminal Code of the Republic of Kazakhstan, Criminal Code of the Azerbaijan Republic)). A fine, as a type of punishment, is provided for in most articles of the studied foreign countries, however, comparison and highlighting of its advantages and disadvantages, with subsequent borrowing in the Criminal Code of Ukraine, is not possible due to various parameters and indicators, in particular the unit of measurement of the fine (fixed amount or conventional units, percentages). Restriction of freedom is provided for in the sanctions of the articles of the Criminal Code of the Republic of Uzbekistan, the Criminal Code of the Republic of Kazakhstan. At the same time, in the Criminal Code of the Republic of Uzbekistan, the maximum limit for the corresponding type of punishment exceeds the terms established by the Criminal Code of Ukraine. Punishment in the form of imprisonment for a certain period, enshrined in all sanctions of articles of foreign countries, however, the maximum amount in Ukrainian legislation exceeds the terms enshrined in foreign countries. Along with the punishments that are enshrined in Art. 162 of the Criminal Code of Ukraine, the legislation of foreign countries has identified such a type of punishment as deprivation of the right to hold certain positions or engage in certain activities. Based on foreign experience, amendments to the sanction of Part 2 of Art. 162 of the Criminal Code of Ukraine are proposed in the following form: «2. The same actions committed by an official or with the use of violence or the threat of its use are punishable by imprisonment for a term of two to five years with the deprivation of the right to hold certain positions or engage in certain activities for up to 5 years».