Experts of the NDIAC “Innovations, Investments, Intellect” took part in the all-Ukrainian forum of the AAU on public law
Experts of the NDIAC “Innovations, Investments, Intellect” took part in the all-Ukrainian forum of the AAU on public law Experts of the NDIAC “Innovations, Investments, Intellect” took part in the all-Ukrainian forum of the Association of Advocates of Ukraine on public law. During her speech, doctor of sciences N
Experts of the NDIAC “Innovations, Investments, Intellect” took part in the all-Ukrainian forum of the AAU on public law
Experts of the NDIAC “Innovations, Investments, Intellect” took part in the all-Ukrainian forum of the Association of Advocates of Ukraine on public law. During her speech, Nadiia Armash, Doctor of Sciences, presented the scientific and practical commentary on the Code of Ukraine on administrative offences prepared by lawyers. Serhii Pietkov, Doctor of Sciences, identified possible directions for improving legislation on legal liability in line with world standards and the achievements of domestic science.
In particular, in the scholar's view, a phased decriminalization of Ukrainian legislation should be ensured, and far-fetched terminological contortions should be abandoned, whereby adjectives are added to generally accepted terms that supposedly strengthen the meaning of the noun but in fact distort the essence of the phenomenon. Thus, the appearance of the term “criminal misdemeanour”, the creation of the law of Ukraine “On criminal misdemeanours”, and the transfer into this law of the elements of misdemeanours against public order are nothing other than the criminalization of liability for committing offences.
Serhii Pietkov announced proposals for the recodification of the KUpAP and for the creation, on the basis of its procedural part, of a Code of proceedings on misdemeanours, consisting of three parts: the general part – the concept of misdemeanours, the particular part – proceedings in cases of misdemeanours, the special part – proceedings during the introduction of special regimes.
He stressed that the codes regulating liability in the respective socio-economic fields need to be improved. From purely declarative documents, these regulatory acts must become genuine regulators of legal relations in the respective spheres. Following the example of the customs code (2002, 2012), such laws must contain both rules of conduct and liability for their violation. To this end, it is necessary to transfer norms from other acts, including from the KUpAP, to the basic codes: the land code of Ukraine (2002), the code of laws on labour of Ukraine (1971), the air code of Ukraine (2011) and others.
In addition, the expert stressed society's need for the codification of norms on public order – a Code of public order, on the protection of public health – a medical code, and other regulatory acts that are extremely relevant for regulating socio-economic relations.
