CRIMINAL OFFENSE: RESEARCH LEGISLATIVE MODEL
Journal Title: Юридичний бюлетень - Year 2018, Vol 8, Issue
Abstract
The article is devoted to the analysis of approaches to introducing a criminal offense in the criminal legislation of Ukraine. There are three approaches to determining the grounds for distinguishing a criminal misdemeanor. At the first approach, criminal offenses are proposed to include administrative offenses, which provide for the application of measures that from the position of the ECtHR are criminal-law measures, as well as some crimes of minor gravity. In the second approach to criminal misconduct, it was suggested to include crimes of a minor nature for which no punishment was imposed in the form of imprisonment. In the third approach, administrative delusions, which are not managerial and most of the crimes of minor importance, are proposed to be criminal offenses. It was concluded that the third approach to the institution of criminal offenses is optimal. The article deals with the draft law of Ukraine “On Amending Certain Legislative Acts of Ukraine on the Facilitation of Pre-trial Investigation of Certain Categories of Criminal Offenses” No. 7279-d dated April 20, 2018, which provides for the institution of a criminal offense. The said draft law was adopted by the Verkhovna Rada of Ukraine on 22.11.2018 and returned with the signature of the President of Ukraine on April 19, 2019. In the said draft law, the second approach to the institution of a criminal offense is taken as the basis. It is concluded that the said draft law enhances the responsibility for a number of crimes of a minor nature. The ways of increasing responsibility are to increase the amount of punishment (fine and imprisonment). The system of criminal misconduct in the Draft Law No. 7279-d is not coordinated with similar administrative offenses. In such circumstances, the draft law in question contradicts the principles of the reform of criminal law, which are envisaged in the Concept of reforming criminal justice.
Authors and Affiliations
Михайло Михайлович Дмитрук
Keywords
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