Author (s): Ostapchuk L., Bilska L.

Work place:

Ostapchuk L.

PhD in Juridical Sciences,

Associate Professor of Criminal and Penal Law, Criminology Department,

Academy of the State Penitentiary Service, Chernihiv, Ukraine

ORCID: 0000-0003-0515-0000

Bilska L.


Academy of the State Penitentiary Service, Chernihiv, Ukraine

ORCID: 0000-0002-8221-6723

Scientific Herald of Sivershchyna. Series: Law 2019 No 2(7): 62-72


The article deals with the issue to the domestic criminal law institute of the criminal delinquency, which is discussed in the juridical literature for over a hundred years and continues to exist within the framework of the discussion.

The analysis provides all grounds to affirm that changes in legislation are usually when a society in its development has achieved significant results, and the current legislation has ceased to meet the needs of society.

In addition, changes to criminal legislation will lead to a total revision of existing legal acts, in terms of harmonization of criminal procedural, administrative and criminal legislation.

Undoubtedly, it is not possible to estimate in advance how changes in the legislation will affect the law, in connection with the introduction of a new criminal institute of criminal delinquency, which new social relations, problematic issues will arise.

Pointing out that the institute of criminal delinquency existed at the time of Catherine II (1782), the unambiguous solution to the question of its social nature, the character of social relations that it caused, the distinction between objective and subjective attributes, remained beyond the attention of both scholars and state.

In our opinion, it is this kind of responsibility will At the same time, the criminalization of a criminal delinquency in the sphere of criminal law will guarantee every person the right to protection and fair trial, and will provide an opportunity to investigate non-violent crimes under a simplified procedure that will remove the burden from investigators. At the same time, after introducing the concept of “criminal delinquency” and the simplified procedure of its investigation, the investigators will be able to concentrate on the disclosure of grave and especially grave crimes.

Key words: crime, criminal delinquency, criminal offense, administrative legislation, criminal law.


  1. Pyontkovskyi, A. (1961), “Strengthening the role of the public in the fight against crime and some questions in the theory of Soviet criminal law”, Soviet state and law, No 4, PP. 60–70.
  2. Ukraine (2017), On Amendments to Certain Legislative Acts of Ukraine on the Simplification of Pre-trial Investigation of Certain Categories of Criminal Offenses: Draft Law of Ukraine, Verkhovna Rada of Ukraine, Kyiv.
  3. Fris, P. аnd Medytskyi, I. (2007), “Signs and composition of the criminal misdemeanor”, Problems of law and law-enforcement activity: a collection of scientific works, Kharkiv, No 2, PP. 166–171.
  4. Khavroniuk, M. (2011), “Regarding the delineation of a crime from a criminal offense”, The Criminal Code of Ukraine: 10 Years of Expectations: Abstracts of Interviews of Participants. Symposium (23–24 september 2011), Lviv State University of Internal Affairs, Lviv, The State Un ttn References, PP. 429–432.
  5. Banchuk, O. (2007), “Establishment of a criminal offense as an integral part of the reform of criminal justice”, The Code of Criminal Procedure of Ukraine in 2001: Problems of Application and Prospects of Improvement: materials of the international scientific and practical conference, Lviv, Vol. 1, PP. 189–194.
  6. Conclusion of the General Directorate for Human Rights and Rule of Law of the Europe Council in relation to the Draft Law (2018), “On Amending Certain Legislative Acts of Ukraine on the Simplification of Pre-trial Investigation of Certain Categories of Criminal Offenses”, № 7279, available at: (accessed: 10 january 2019).

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