Journal article Open Access

Criminal Misconduct: Arguments Regarding the Feasibility of Implementation

M. Kocholodzian

In connection with the adoption of the bill, which introduced the concept of "criminal misconduct" into criminal substantive law, it became necessary to explore this issue in detail, due to the fact, that amendments to the Criminal Code should be necessary and considered.

 The article analyzes in detail the basic ideas that are laid down in bill №7279, as well as the mechanism of introducing these changes. In addition, correspondence of the amended criminal code to the basic standards of the European Union and the course of Ukraine on the humanization of criminal law is established. The main positive and negative consequences that may arise in connection with the changes that have entered into force are also highlighted. During the research a number of negative aspects of the reform are highlighted, in particular occurrence of collisions, for example in article 14 if the Criminal Code of Ukraine. There will also be criminalization of certain crimes, but selectively, indicating some injustice of the legislator. An important component of the article is an analysis of the key points of necessity for implementation administrative offenses into criminal offenses and the way the legislator uses it. During the study, it was concluded that the bill does not comply with the stated tasks and the inappropriateness of the proposed changes. The article also contains the positions of reputable scholars regarding the reform of criminal and administrative legislation.

In conclusion we can see that despite the fact that implementation concept of "criminal misconduct" is required by current legislation and in general will lead to positive consequences, but the way it will functionate, as well as the mechanism that laid out in bill №7279 is not just imperfect, but somewhere absolutely ill-conceived. 

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