PECULARITIES OF THE INSTITUTE OF CRIMINAL MISDEMEANOR FUNCTIONING IN FOREIGN COUNTRIES
Author (s): Ostapchuk L. H., Senik A. V.
Work place:
Ostapchuk L. H.
PhD in Juridical Sciences,
Associate Professor of Criminal and Penal Law, Criminology Department,
Academy of the State Penitentiary Service, Chernihiv, Ukraine
Senik A. V.
law student,
Academy of the State Penitentiary Service, Chernihiv, Ukraine
Language: Ukrainian
Scientific Herald of Sivershchyna. Series: Law 2018 No 3(5): 89-99
https://doi.org/10.32755/sjlaw.2018.03.089
The analysis of the criminal legislation of foreign countries regarding functioning of the institution of criminal misdemeanor was maintained in the article. It was determined that in legal literature the issue of “resuscitation” of a criminal offense in criminal law has been discussed for a long time. Criminal misdemeanor is one of the types of criminal offense, after a crime that requires a response from the state.It was proved that the relevance of the chosen topic was confirmed by the existence of this legal institute in foreign countries that shows the need to study their experience.Valid sources of criminal law of France, the Federal Republic of Germany, Estonia, Latvia, Italy and Poland that consolidate the division of criminal acts on species. The maintained analysis shows that the gravity of a criminal misdemeanor includes minor acts which the punishment is provided for in the form of a fine, imprisonment for a short term, deprivation of driving license, the appointment of corrective labor, etc.It was determined that a legislator made the principles of modern foreign criminal legislation as similar as possible to the norms of international criminal law provided by international agreements. It was proved that the principles regulating criminal offenses in France and Germany were as similar as possible to the legal system of Ukraine that predetermined introducing a criminal offense in this direction.Also, an important element of the legal system of Western European countries is the lack of a consolidated legislative act on administrative liability, administrative offenses or administrative penalties similar to the Code of Ukraine on Administrative Offenses. Such acts are only valid in post-socialist states, and in Latvia, Lithuania and Poland they were adopted during the period of socialist development, and then they undergone significant changes. In some states, the legislation on administrative delicts is, according to the Federal Republic of Germany, a part of the Criminal Code (Estonia). In other states (Latvia, Poland) the law on administrative offenses is almost completely separated from criminal law. This situation is conditioned by the existence of old codes on administrative delinquencies that regulate actions different from criminal law.
Key words: criminal misdemeanor, offense, crime, action.
REFERENCES1. Serebrennikova, A. V. (2012), “Classification of criminal acts under the law of Germany, Austria and Switzerland and its significance”, Business in law, No 5, рр. 42–46.2. Review of European legislation on the division of offenses for crimes, criminal and administrative offenses (2019), available at: http://bit.ly/2EdwFzc, (accessed 10 January 2019).
- Criminal Code of Republic of Latvia (1998), available at: https://m.likumi.lv/doc.php?id=88966, (accessed 10 January 2019).
- Criminal Code of Republic of Estonia (2001), available at: https://www.riigiteataja.ee/akt/184411, (accessed 10 January 2019).
- Criminal Code of France (1992), available at: https://www.legifrance.gouv.fr/affichCode.do;jsessionid=5816D4E0B6F9552CA0F89466C3839D59.tplgfr33s_1?idSectionTA=LEGISCTA000006149814&cidTexte=LEGITEXT000006070719&dateTexte=20180208, (accessed 10 January 2019).
6. Fedotova, H. V. (2015) “Legal regulation of the institute of criminal misconduct in France, Germany and the United Kingdom”. Scientific Bulletin of the National Academy of Internal Affairs, No 54, PP. 275–290.
- Code of Criminal Procedure of FRN (1950), available at: https://www.gesetze-im-internet.de/stpo/BJNR006290950.html, (accessed 10 January 2019).
- Strafprozessordnung (StPO) § 153 Absehen von der Verfolgung bei Geringfügigkeit, available at: https://www.gesetze-im-internet.de/stpo/__153.html, (accessed 10 January 2019).
- Gesetz über die Schiedsstellen in den Gemeinden, available at: https://www.gesetze-im-internet.de/schiedsg/DDNR015270990.html, (accessed 10 January 2019).
- Codice penale, available at: http://bit.ly/24k3m13, (accessed 10 January 2019).
- Penal Code, available at: http://bit.ly/2yE2CN4, (accessed 10 January 2019).
12. Melnyk, M.I. and Khavroniuk, M.I. (2018), Scientific and Practical Commentary of the Criminal Code of Ukraine, Dakor, Kyiv.