Work number - M 2 FILED
Presented by the National Academy of Internal Affairs
Authors:
Viktoriia Viktorivna Babanina – Doctor of Legal Sciences, Professor, Professor of the Department of Criminal Law of the National Academy of Internal Affairs.
The purpose of the research is the comprehensive development of conceptual provisions, proposals and recommendations aimed at the creation of a modern system for Ukrainian criminal legislation.
The author proposed a solution to the scientific problem, which consists in developing the conceptual foundations for a complex model of the mechanism of creation and implementation for Ukrainian criminal legislation. Proposals aimed at the improvement of the criminal legislation system, which corresponds to the constitutional system of the State, serves to protect the rights and freedoms of man and citizen, the interests of society and the State, have been formulated.
The scientific novelty of the research, as well as its relevance and importance, lies in the development of proposals for the concepts and plans of the legislative activity of the Verkhovna Rada of Ukraine. Suggestions to amend current legislation namely to supplement the Criminal code of Ukraine with Art. 21 “Victim of the crime”, 22 “Principles of the criminal legislation of Ukraine” and to amend Art. 3, 5, 74 of the Criminal code of Ukraine and Art. 58 of Constitution of Ukraine have been substantiated (letter of the Committee of the Verkhovna Rada of Ukraine on legislative support of law enforcement activities dated on 08.07.2019 № 04-18/12-1182).
It has been argued that criminal legislation of Ukraine’s most prominent changes are related to state system, political regime and economical formation perturbations which impinged lawmaking techniques, orientation of criminal legal protection, implementation of legislation etc. Namely the doctrine of codification was accepted as the basis of development of criminal legislation being in force in Ukraine’s territory. Scientific views of understanding of such key definitions as law, criminal law, criminal legislative act, and criminal legislation have been improved.
Practicability of definition of the system of criminal legislation of Ukraine as an assemblage of interconnected and interrelated elements of structure of criminal legislation based on criminal legislation principles and aimed at realization of tasks of the Criminal code of Ukraine has been proved. Such principles’ system includes legitimacy, humanity, justice, equality, fault-based responsibility, inadmissibility of double imputation, proportionality of punishment to social danger of the crime actually committed, inevitability of criminal responsibility and other measures of criminal legal nature; the necessity of their legislative consolidation has been substantiated.
The content of definition of mechanism of creation of criminal legislation of Ukraine, its aim and tasks have been characterized. It has been argued that main (definite) elements of mechanism of creation of criminal legislation of Ukraine are subjects and procedure of creation of criminal legislation, as well as juridical technique. Circle of subjects of mechanism of creation of criminal legislation of Ukraine has been outlined and described.
Based on juridical techniques analysis, certain factors have been defined as having negative impact on realization of criminal legislation namely: absence of normative definition of principles of criminal legislation in the Criminal code of Ukraine; presence of significant amount of competitive criminal legal norms; absence of official interpretation of terminology used in the Criminal code of Ukraine for construction of criminal legal norms; presence of evaluative terms in criminal legal norms; interpretation of features of bodies of crimes primarily in resolutions of the Plenum of the Supreme Court of Ukraine and legal opinions of the Supreme Court, but not in the Criminal code of Ukraine. It has been argued that to make realization of the norms of criminal legislation more efficiently juridical construction should not be an exception from general juridical provisions; instead it should be agreed with them, and solution of tasks assigned to it is a necessary logical conclusion.
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