LEGAL REGULATION OF MISDEMEANORS: A RETROSPECTIVE ANALYSIS

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LEGAL REGULATION OF MISDEMEANORS: A RETROSPECTIVE ANALYSIS

Journal Title: «Приватне та публічне право» - Year 2017, Vol 3, Issue

Abstract

The fundamental changes in the socio-political and other conditions of life of the society and the state at the current stage of Ukraine’s development and the adoption of the Constitution of Ukraine have created the prerequisites for reforming the criminal justice system in the direction of further democratization, humanization, strengthening of the protection of human rights and freedoms in accordance with the requirements of international legal acts and obligations of our state before the European and world community. It was noted that in order to humanize the criminal law, a certain part of crimes would have to be transformed into criminal misdemeanors. It is concluded that the delineation of crimes misdemeanors should ensure: further humanization of criminal legislation; a simplified procedure for bringing to legal responsibility persons who committed criminal offenses; optimization of the activity of the criminal justice bodies in detecting, investigating and prosecuting; the possibility of challenging court decisions in these cases in an orderly manner. In this case, the main criteria for such changes, in particular, should be: the degree of danger and the legal consequences of a criminal act for a person, society and the state; practice of applying criminal and administrative legislation; international experience in protecting human, society and state from crimes and misdemeanors. It was stated that investigation of the nature of the misdemeanor in the criminal-legal doctrine of Ukraine is impossible without studying the concrete historical forms of existence of the said act in criminal law and the law that was previously in force in the territory of modern Ukraine. This article reviews the historical aspects of legal regulation of misdemeanors. For this purpose, the main stages of the development of the category of misconduct or adjacent content concepts are studied: from the time of Kievan Rus to the beginning of the XIX century; 2) from the beginning of the XIX century to 1917; 3) during the Soviet criminal-law doctrine; 4) during Independent Ukraine, The sources of criminal law, which acted on the territory of Ukraine and containing the term “criminal misconduct” or other contextual meanings, were analyzed. The discussion of the question about the form of the normative act containing the provisions on misdemeanors is noted. The conclusion is made on the need for further theoretical elaboration of the institute of misdemeanors, since the issue of the substantive content of the institution of misdemeanors today remains legally unregulated, and a number of issues of a conceptual nature are unresolved, including the criteria for delimitation of misdemeanors against crimes. It was also noted that the long-standing national traditions of law-making and judiciary, the provisions of domestic law, which were tested by the time and justified by the practice, progressive institutes of legal systems of the states of the European Union, norms of international law, should be based on future implementation initiatives on the institution of misdemeanors.

Authors and Affiliations

Н. В. Нестор

Keywords

criminal justice misdemeanor crime concept reform Criminal Code of Ukraine Criminal Procedure Code of Ukraine

EP ID EP444662
DOI -
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