Draft Criminal code of Ukraine: news
DOI:
https://doi.org/10.31548/law2021.04.017Abstract
The article analyzes the new Criminal Code of Ukraine proposed for discussion. The focus is on reforming the criminal justice system. It was found that the proposed CCU aimed at protecting the interests of victims also provides that it should be easy to use for investigators, prosecutors, judges. The draft stipulates that the new Criminal Code and its application must comply with the rulings of the European Court of Human Rights on Ukraine. It is established that the draft CCU provides for liability for officials for non-compliance with ECtHR decisions.
As a result of the analysis of perspective legislation on criminal liability, a conclusion was made on choosing the right vector for implementing the main idea of the new Criminal Code – ensuring justice in criminal justice on new principles, classification of offenses based on damage and establishing standard sanctions. objective criteria, unification of circumstances that increase or decrease the severity, elimination of gaps – all this makes it possible to move to the relationship «victim-state-criminal».
Keywords: draft of the Criminal Code of Ukraine, unit of account, psychoactive substance, severity, qualification formula, restitution
References
Botnarenko, I.A. Proiek novoho kryminalnoho kodeksu Ukrainy: dyskusiini pytannia [Draft of the new Criminal Code of Ukraine: debatable issues]. Available at: http://elar.naiau.kiev.ua/jspui/bitstream/ (in Ukrainian).
Kontrolnyi tekst (stanom na 14.11.2021 roku) Kryminalnyi kodeks Ukrainy (proiekt) [Control text (as of November 14, 2021) Criminal Code of Ukraine (draft)]. Available at: https://newcriminalcode.org.ua (in Ukrainian).
Dudorov, O.O. & Pysmenskyi, Ye.O. Kompleksne reformuvannia kryminalnoho zakonodavstva Ukrainy. Pershyi vahomyi krok zrobleno. Yurydychnyi visnyk Ukrainy [Comprehensive reform of the criminal legislation of Ukraine. The first important step has been taken. Legal Bulletin of Ukraine], 46 (1323): 12–13 (in Ukrainian).
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