SOME ISSUES OF THE DEFINITION OF MISDEMEANOR OFFENSE AND ITS TYPES

On January 1, 2020, Law of Ukraine No. 2617-VIII «On Amendments to Some Legislative Acts of Ukraine on Simplification of Pre-Trial Investigation of Certain Criminal Offense Categories» dated November 22, 2018 comes into effect; this Law, inter alia, amends the Criminal Code of Ukraine (hereinafter – Ukraine’s CC) and introduces the institute of misdemeanor offenses in Ukraine. The relevance of this topic stems from the fact that today there is a need for a further research of the misdemeanor offense institute and its introduction into the practice of pre-trial investigation bodies. The purpose of this article is to analyze this Law as regards amendments to Ukraine’s CC, in particular, the amendments introducing the institute of misdemeanor offenses in Ukraine, types of misdemeanor offenses (by the target of misdemeanor), and legislative initiatives regarding the postponement of the date upon which this Law should become effective. The article presents the types of misdemeanor offenses (by the target of misdemeanor) according to the updated criminal legislation. In particular, misdemeanor offenses include such wide-spread crimes as referred to in Article 125 of Ukraine’s CC “Intentional light bodily injury”, part 1, Article 126 of Ukraine’s CC “Beatings and torture”, Article 164 of Ukraine’s CC “Evasion of alimony for maintenance of children”, part 1, Article 185 of Ukraine’s CC “Theft”, part 1, Article 190 of Ukraine’s CC “Fraud”, part 1, Article 248 of Ukraine’s CC “Illegal hunting”, part 1, Article 249 of Ukraine’s CC “Illegal engagement in fish, animal or other water extractive activity”, part 1, Article 309 of Ukraine’s CC “Illegal production, manufacture, acquisition, storage, transportation or mailing of narcotic drugs, psychotropic substances or their analogs without the purpose of sale”. The article also notes that on 13.11.19, following the hearings titled: “Readiness to introduce the institute of misdemeanor offenses into the practice of pre-trial investigation bodies with effect from January 1, 2020”, the Committee for Law Enforcement of the Verkhovna Rada of Ukraine adopted the decision to recommend to the Verkhovna Rada of Ukraine the Draft Law of Ukraine “On Amendments to Section II “Transitional Provisions” of the Law of Ukraine “On Amendments to Some Legislative Acts of Ukraine on Simplification of Pre-Trial Investigation of Certain Criminal Offense Categories” dated November 22, 2018. No. 2617-VIII” (regarding effective date postponement)”, No. 2155 based on results of consideration in the first reading to adopt as the basis and as it is as regards postponement of the effective date of the Law of Ukraine of November 22, 2018 No. 2617-VIII “On Amendments to Some Legislative Acts of Ukraine on Simplification of Pre-Trial Investigation of Certain Criminal Offense Categories”, having set the date on which it should become effective as July 01, 2020. Thus, it is necessary to understand the essence of the concept of misdemeanor offense and its typess according to the updated legislation, this being the result of this article.