At Vinnytsia police recalls the responsibility for violation of the election law
important element of the rule of law are democratic elections based on European principles and standards. Achieving these goals is impossible without the proper protection of the electoral rights of citizens, the inevitability of responsibility for their claimorushennya and prevent the repetition of negative consequences in terms of the regular local elections (25 October) is one of the most important tasks assigned to the internal affairs of Ukraine. That's criminal law provides protection to the greatest extent electoral rights of citizens from the most socially dangerous violations.Only during the election campaign and early presidential elections in Ukraine (25 May 2014) law enforcement authorities in Ukraine initiated 137 criminal proceedings related to the violation of election law. With them on the day of the vote - 32 criminal proceedings. Prior to the adoption by the Ministry of Internal chRabbi October 14, 2014 Law of Ukraine " On Amendments to the Criminal Code of Ukraine " number of electoral articles have legal gaps. Consequently secretly identify and fix the tracks, organizers and customers to establish these crimes was too difficult, and in most cases - impossible. This situation has caused itOn that persons brought to criminal responsibility in individual cases and obvious violations of the election legislation. Almost all these drawbacks eliminated Act October 14, 2014. He strenuously particular responsibility for crimes against citizens' electoral rights and responsibilities provided for new articles. Beforethe legislation on elections, the terms "election documents" has not been defined, which greatly complicated the nature of crime and caused unequal interpretation. The new wording of Article 158 of the Criminal Code this deficiency was corrected and given an explanation of what election documents (ballot papers, protocols of vote counting at a polling station, theelection results and other documents which according to legislation related to election documents, Part 2 of Art. 158 CC). Approved amendments to the October 14 election articles are also a number of short stories. Most importantly - bribery of voters removed from the dispositions of Article 157 of the Criminal Code and legally recognized individual the offense (art. 160 of the Criminal Code of Ukraine). Part 1new wording of Article 160 of the Criminal Code defines voter (which was not before) as the subject of criminal liability, by acceptance of offers, promises or receiving undue rewards for commitment or actions related to the realization of their electoral rights or voting rights. Concretized for these acts - refusal to participatein the vote at a polling station (polling station) more than once, voting for a particular candidate in the election or rejection of such voting, transfer ballot. The second part of this article the responsibility for bribing party offering voters in any form of illegal benefit (overall sub'The object of the crime) By the way, the provisions of that share administrative and criminal liability of the commission of bribery (direct and indirect bribery) are not changed. In a footnote to the article the concept of undue benefits, which will help investigators determine the correct classification of criminal acts. Serious now considered bribery committed not onlyrepeatedly or by prior conspiracy, but also committed special subject of the crime - a candidate or his authorized representative in the elections, the authorized person of a political party, a member of the election commission and a number of other subjects of the election process. Almost all polling articles legislator changed sanctions towards strengthening them, deprive a personymetsya liberty for committing these crimes. Only a few remained fine and restriction of liberty. So this piece of legislation provided additional protection of electoral rights. The main goal adopted amendments is to ensure effective investigation of crimes of this category. As a result, during the election campaign, voting and establish the resultsativ will of citizens at the extraordinary parliamentary elections Ukraine October 26, 2014 by the Internal Affairs of Ukraine initiated 451 criminal proceedings that are directly or indirectly related to the electoral process, of which 291 proceedings opened directly for violation of electoral rights of citizens. Most of the registered crimenyh proceedings initiated by bribing voters - 134. On election day and during the period subsequent tabulation will of citizens initiated 117 criminal proceedings that directly relate to violations of election law. Of the total number of initiated criminal proceedings on the facts of violations of the election process to sudo forwarded 16 (Art. 157 of the Criminal Code - 3, Art. 158 of the Criminal Code - 1, Art. CC 158-1 - 7, Art. 160 of the Criminal Code - 2). Public risk is these crimes that violated the fundamental principles of democracy may be distorted real will of citizens to address important public and social issues to be considered at national or local youburs. Citizens are losing the opportunity to participate in public affairs through elections, losing that one of the fundamental political rights guaranteed by the Constitution of Ukraine. Mass and extent of violations of voting rights could lead to the leveling of democracy, to create conditions for the development of totalitarianism, to reduce the authority of the state innternational community. That is why the enhanced responsibility for "obstruction of suffrage or the right to vote in the referendum, the work of the election commission or the commission of referendum or of an official observer" (Art. 157 of the Criminal Code of Ukraine), particularly for such actions set a penalty of restriction of liberty on pageOK to three years or imprisonment for the same term. For the same acts combined with violence, destruction or damage of property, threat of violence or destruction or damage to property set limit liability to a sentence of two to five years, or imprisonment for the same term (ch. 2, Art. 157 of the Criminal Code of Ukraine). Part 3 of Article 157 of the Criminal Code of Ukraine sets responsibility for the actions envisaged in parts one or two of this article committed by prior conspiracy group of persons or a member of the election commission or any other officer with abuse of office punishable by imprisonment for a term of three to Samand years, with disqualification to hold certain positions or engage in certain activities for a period of two to three years. With the intervention of an official through abuse of office in the implementation of election commissions to their referendum powers by the law committed by illegal demands or instructions to influence the decisionsof election commissions to set the referendum deprivation of liberty for a term of five to ten years, with disqualification to hold certain positions or engage in certain activities for a period of two to three years (p. 4 of Art. 157 of the Criminal Code of Ukraine) . The new wording of Article 158 sets out " Providing false information toAuthority of the State Register of Voters or falsification of electoral documents, referendum documents, data tabulation or State Register of Voters " and article 158-1 " illegal use of ballots, ballot in a referendum vote voter referendum participant more than once " Criminal Code. Thus, Article 158 of the Criminal Code of Ukraine was given a comprehensive list of election documents and referendum documents. Significantly increased responsibility for the theft, concealment or destruction of ballot boxes with documents, final protocol elections - up to 7 years imprisonment (p. 3 of Art. 158 of the Criminal Code of Ukraine). A similar responsibilityb provides for forgery, use of forged or storage of election documents (ch. 2, Art. 158 of the Criminal Code of Ukraine). So felony obstruction of recognized member of the election commission, another officer with voters 'rights, or the commission of such a crime by a group of people (p. 3 of Art. 157 of the Criminal Code - from 3 to 7 years' imprisonment, prior to the introduction of mixedetc. - up to 5 years), and an official intervention in the work of election commissions (part 4 st.157 CC - from 5 to 10 years to change to 5 years). For falsification of election documents and false information in the State Register (Art. 158 of the Criminal Code), a person may be deprived of liberty for a term of 3 to 10 years. Similar changes were made and sanctions hundredTTI 159-1 of the Criminal Code (Violation of campaign finance candidate, political party (bloc)). These stories legislative enable investigators to document such criminal activities primarily through covert investigative (detective) of action. In addition, criminal liability is established not only for those who will carry outyuyut bribery of voters, and also those who agree to it. In particular, will be recognized as criminal actions, combined with the adoption of the proposal, promise or receipt of unlawful benefit in the amount exceeding 36 USD. 54 kopecks. (3% of the minimum wage) for: refusal to participate in the vote at a polling station more than one raof the vote for a particular candidate in the election or rejection of the ballot, the ballot transmission to another person. By following provides a fine of 1.7 thousand. 5,1tys to. USD. (from 100 to 300 untaxed minimum incomes of citizens), correctional labor up to two years or imprisonment for the same period. In a footnote to Article 160 of the Criminal Code of UkraineThe notion of undue advantage. In particular, it includes: funds or other assets, advantages, benefits, services or intangible assets exceeding three per cent of the minimum wage (ie not exceed 36.54 USD. (3% from 1218 USD.) Offering, promise, give or receive no legitimate reason. For example, Dr.of these can be attributed food packages, which dealt with the campaign tents of candidates for deputies; money is voting for a particular candidate; so-called Free lunch; counseling and provision of medical care by physicians when providing these services one of the candidates for deputies and so on. Should the one fromcal illegal remuneration from representatives of candidate MPs, or the candidate, the voter (a citizen) may be imposed as a fine of 121 800 USD., and limited his will for two years. Strengthened and liability for bribing voters (part 2 of Article 160 of the Criminal Code of Ukraine), which can be committed by the candidateDeputies authorized person (including that based on contracts attracted him to commit illegal campaigning including through undue offer or promise of remuneration) directly candidate officers and officials in his favor and other subjects. Because of these people, aimed at the implementation of proposalsher, promise or giving the voter (a citizen) for committing undue advantage or commit any acts relating to direct him or her electoral rights or the right to: - Participation (refusal to participate) in voting, - Voting at a polling station more than once, - Voting for a particular candidate in an election candidatesthe political parties, local political party or refusal of the vote, - Transmission (recording) ballot to another person, entails criminal responsibility of the person who commits such acts. For such illegal actions a person may be deprived of liberty for a term of three to seven years. These and other illegal actions, whichyrazhayutsya of bribing voters are qualified under section 160 (bribery of voters, by referendum) of the Criminal Code of Ukraine. Similarly wrongful acts qualified person who is in favor of one candidate, candidates from the party or party unit, make publicly offer benefits voter funds (to assist in obtaining material things, obtaining credone etc.) after voting at the polling station. Thus, the system of criminal responsibility for violation of electoral rights of citizens provided quite a wide range of crimes, in which the representation of both general and specific violation of election procedures. This will ensure not only adequate punishment of perpetrators axisb, but also have tangible preventive action.Source: http://artlife.rv.ua/