EUROPEAN TENDENCIES OF UKRAINIAN CRIMINAL LAW DEVELOPMENT
Journal Title: Юридичний бюлетень - Year 2018, Vol 6, Issue
Abstract
Article is devoted to analysis of the “harmonization”, “adaptation”, “integration” etc. of contemporary Ukrainian criminal law with the European Union countries’ criminal laws. Author notes it is based mostly on economic and political factors. Euro-romanticism as a contemporary trend of Ukrainian criminal law development is analyzed based on some of the “european origin” amendments to the Ukrainian Criminal Code and in connection with the respective legal-technical and law-enforcement problems. It is stated that such changes mainly destroys the Ukrainian criminal code’s image as of an ultima ratio and ruins its perception as of a high-quality and efficient legal act. Mass media based on political and economic factors actively promote and raise awareness of the European trend for the further development of Ukrainian Criminal Code. Such indoctrination conducted by mass media produces in society a positive image of such amendments along with their necessity and efficiency. Contemporary scientific research and assistance in the sphere of justice conducted in Ukraine, including the efforts of the OSCE and other projects financed by the European Union, also have an apparent vector towards “harmonization, approximation”. State funding of scientific research is more likely to be obtained by institutions which promote and popularize European aspects of the topic of scientific interest. Therefore the issue of whether euro-romanticism, which is highly promoted in Ukraine, is really an adequate and rational trend of Ukrainian criminal law development is of high importance and interest. General conclusion that author suggests on above is that the European type of law and law tradition as being understood by the Ukrainian legislator is negatively influencing the contemporary Criminal law of Ukraine. Mainly it is connected with the problems of European laws understanding, mentality, and also intentional and careless violation of the legal technique rules at criminal law norms composing procedure and failure to comply with plain common sense, conclusions of the relevant professionals at Verkhovna Rada of Ukraine and also scientists when amending the Criminal Code of Ukraine.
Authors and Affiliations
Олена Миколаївна Шостак
Keywords
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