Tag: правопорушення

Annotation: In this article, the authors explore one aspect of contemporary criminal justice reform, namely the introduction of a criminal misconduct institution. The debate on this issue has been going on in Ukraine for a long time. As early as 1999, the Council of Europe recommended decriminalizing certain crimes or transferring them to other offenses so that they could not be imprisoned for committing them. By the time the new Criminal Code was drafted, the recommendation was decided not to introduce it into law, but some scholars began to talk about the need to create an institution of criminal misconduct. Today, this issue is still debatable and there is no consensus among scientists. But regardless of whether such changes are necessary to the system of Ukraine, it is necessary to outline what consequences it can have in order to avoid negative aspects. In the article, the authors drew attention to the problematic theoretical and practical aspects that may arise when introducing criminal offenses in Ukraine. The analysis of the main problems was carried out on the basis of doctrinal studies of prominent authors and the Law of Ukraine “On Amendments to Some Legislative Acts of Ukraine on Simplifying Pre-trial Investigation of Certain Categories of Criminal Offenses”. In our opinion, the consideration of this topic is currently very relevant, given that a law amending certain normative acts to introduce criminal offenses into our criminal justice system should enter into force by July 1, 2020. Therefore, it is advisable to consider all the risks and disadvantages of this process, based on the existing regulatory framework. The article focuses on the following issues: delineation of administrative offenses, crimes and criminal offenses; respect for human rights and freedoms within the framework of criminal investigations; expediency of such reform, etc.