Open AccessFeatures of the functioning of the institute of criminal offenses in Ukraine
Author(s) -
Roman Lemekha,
Volodymyr Rubtsov,
Natalya Orlovska,
Volodymyr Kantsir,
Oleksii Humin
Publication year - 2022
Publication title -
cuestiones políticas/cuestiones políticas
Language(s) - English
Resource type - Journals
eISSN - 2542-3185
pISSN - 0798-1406
DOI - 10.46398/cuestpol.4072.13
Subject(s) - legislation , criminal procedure , jurisdiction , law , political science , confiscation , criminal law , commission , criminal liability , subject (documents) , object (grammar) , criminal code , property (philosophy) , business , computer science , philosophy , epistemology , artificial intelligence , library science
It analyses the provisions of criminal and procedural legislation on the establishment of criminal offences, as well as the practice of their application. The application of a set of general methods and special scientific knowledge made it possible to formulate some proposals for: (1) determination of criminal liability for misdemeanours and increased penalties in the form of a fine for the commission of certain offences; 2) regulation in the Law of Ukraine to the international standard; (3) introduction by the National Police of the specialization of investigators with a clear reflection of jurisdiction in criminal procedure legislation; 4) addition of the Code of Criminal Procedure with provisions on the adoption of the relevant procedural decision by the investigating judge, in case the composition of the crime is not established and; 5) identification of the forensic doctor as the subject of the search, as well as a request for confiscation of property. It is concluded that the Code of Criminal Procedure of Ukraine must identify the coroner together with the investigator and the prosecutor as the object of the search, as well as, if necessary, request the seizure of property, mainly to temporarily seize the property during the detention of a person.