Позбавлення державної нагороди України за кримінальним законодавством України: особливості, проблеми та зарубіжний досвід

The article provides a comprehensive analysis of the deprivation of a State award in Ukraine as a special form of criminal punishment. It emphasizes that the introduction of this punitive measure is conditioned by contemporary legal, social, and moral-ethical factors. The content and legal nature of deprivation of a State award as an additional, discretionary punishment imposed for an indefinite period are elucidated. The study establishes that deprivation of a state award results in the loss of all rights and privileges associated with it. The grounds and conditions for a court to impose this punishment are analyzed. It is determined that a court may impose this measure of state coercion only if the convicted person holds a state award and has committed a grave or particularly grave crime. It also applies to offenses against the foundations of Ukraine’s national security, against peace, the security of humanity, and the international legal order, as well as to criminal offenses provided for in Articles 258–258-5, 260, or 261 of the Criminal Code of Ukraine. It is substantiated that deprivation of a state award has a dual legal nature. On the one hand, this instrument of criminal-law influence is considered a criminal punishment; on the other hand, it serves as an instrument of political-legal influence. A number of problems in the implementation of this punishment have been identified. In particular, the absence of this measure in the sanction provisions of the Special Part of the Criminal Code of Ukraine gives it an exceptional character and complicates its imposition, resulting in uncertainty and judicial subjectivity. Furthermore, the legislative provision allowing deprivation of state awards for any grave or particularly grave crime, regardless of the nature of the offense, is quite debatable. It is emphasized that in such cases the court’s decision on deprivation must be duly motivated. Separate analysis is devoted to the shortcomings of the procedure for executing this punishment: the lack of a clear procedure for seizing award insignia and liability for their non-return, inadequate coordination among competent authorities in terminating associated benefits, as well as the absence of mandatory notification of interested institutions and oversight of execution timelines. Foreign experience in the deprivation of state honors and honorary titles is described. Comparative-legal analysis indicates that the Ukrainian approach is novel, as it regards deprivation of state awards as part of the system of criminal punishments, whereas abroad this issue is typically resolved outside the criminal procedure. International practice generally treats revocation of honors outside the criminal justice process. A conclusion is drawn regarding the need to improve national criminal and penal legislation in light of the identified shortcomings and global experience. Proposals are substantiated for more clearly defining the conditions for imposing deprivation of state awards and for detailed regulation of the procedure for its enforcement. The practical significance of the study lies in the fact that its conclusions and recommendations may be used to prepare legislative amendments and to develop clear methodological approaches to the application of Article 54-1 of the Criminal Code of Ukraine in practice, with the aim of ensuring the inevitability of accountability and preserving the authority of state awards.