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Draft Criminal Code of Ukraine: Innovations
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The need to edit the Criminal Code of Ukraine emerged due to the outdated Soviet content of laws that are unable to handle modern issues. In addition, considering the modern needs, it does not make provision for the fulfilment of tasks set by society for the law enforcement system. The idea of the new Criminal Code lies in the protection of the interests of victims, as well as in its more effective use by citizens. Considering the current continuation of work on the draft, the purpose of this paper was to investigate the provisions of the proposed action plan for the Criminal Code of Ukraine. During the study, the method of analysis and synthesis, the empirical method, and the comparison method were applied. The paper analysed the new criminal program proposed for discussion and focused on the areas of reforming the criminal justice system. It was found that the plan proposed for consideration is aimed at protecting the interests of victims, and it is stipulated that it should be convenient to use. The draft stipulates that the new Criminal Code and its application must comply with the decisions of the European Court of Human Rights regarding Ukraine. It was established that the draft of the Criminal Code of Ukraine prescribes the responsibility of officials for non-compliance with the decisions of the European Court of Human Rights. Due to the analysis of prospective legislation on criminal responsibility, a conclusion was made about choosing the correct vector to implement the main idea of the new Criminal Code of Ukraine – ensuring justice in the field of criminal justice on new foundations, classifying offences proceeding from the type of damage caused and establishing typical sanctions, determining the relationship between the severity of criminal offences according to an objective criterion, unification of circumstances that increase or decrease the degree of severity, elimination of gaps. The materials of this paper are of practical value for future research of experts, discovery of new questions, proposals, and analysis of new amendments to the draft of the new Criminal Code of Ukraine.
National University of Life and Environmental Sciences of Ukraine
Title: Draft Criminal Code of Ukraine: Innovations
Description:
The need to edit the Criminal Code of Ukraine emerged due to the outdated Soviet content of laws that are unable to handle modern issues.
In addition, considering the modern needs, it does not make provision for the fulfilment of tasks set by society for the law enforcement system.
The idea of the new Criminal Code lies in the protection of the interests of victims, as well as in its more effective use by citizens.
Considering the current continuation of work on the draft, the purpose of this paper was to investigate the provisions of the proposed action plan for the Criminal Code of Ukraine.
During the study, the method of analysis and synthesis, the empirical method, and the comparison method were applied.
The paper analysed the new criminal program proposed for discussion and focused on the areas of reforming the criminal justice system.
It was found that the plan proposed for consideration is aimed at protecting the interests of victims, and it is stipulated that it should be convenient to use.
The draft stipulates that the new Criminal Code and its application must comply with the decisions of the European Court of Human Rights regarding Ukraine.
It was established that the draft of the Criminal Code of Ukraine prescribes the responsibility of officials for non-compliance with the decisions of the European Court of Human Rights.
Due to the analysis of prospective legislation on criminal responsibility, a conclusion was made about choosing the correct vector to implement the main idea of the new Criminal Code of Ukraine – ensuring justice in the field of criminal justice on new foundations, classifying offences proceeding from the type of damage caused and establishing typical sanctions, determining the relationship between the severity of criminal offences according to an objective criterion, unification of circumstances that increase or decrease the degree of severity, elimination of gaps.
The materials of this paper are of practical value for future research of experts, discovery of new questions, proposals, and analysis of new amendments to the draft of the new Criminal Code of Ukraine.
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