In Ukraine, a new kind of crime that would be considered “misconduct”


As will punish for misconduct.

From 1 July in Ukraine there is a new kind of offense called “misconduct,” reports the with reference to Country.

Although, this concept should have been included in the everyday life of lawyers and offenders in 2012, when in November earned the new Criminal procedure code, which entered that the criminal offence is divided into the actual crime and misdemeanor.

However, due to the need to make major changes in legislation, to recruit and train staff investigators (who are supposed to investigate misconduct), the introduction of this standard in 2012, has decided to freeze.

In the end, the reprieve turned out impressive — as much as 8 years. Only in November 2018, the Verkhovna Rada adopted the law on misdemeanors, where they were spelled out features the introduction of a new offence.

On April 19 last year, the document was signed by Poroshenko.

Misconduct was due to run from 1 January 2020, however, given the confusion and vacillation in the defeated Ruslan riaboshapka reform of the Prosecutor’s office, the total unwillingness of the police and the courts, it decided to postpone until July 1, 2020.

And now this provision finally came into force.

What is a misdemeanor?

A misdemeanor is considered an offense, the Commission of which is punishable with a fine of not more than 51 thousand hryvnias and not related to deprivation of liberty.

This includes about 100 offences from the Criminal code. Including:

— unskilled-theft (in the amount which does not exceed a significant size, i.e. 105 100 hryvnia, and if the theft is committed by the offender is not in the group),

— storage of drugs without sales objective in small amounts

— the fraud in the amount of at least 105 100 hryvnia

— the infliction of light bodily injuries,

— beating,

— vandalism (not group)

— fictitious business, not causing significant losses to the state.

Misconduct is provided to investigate the maximum of a month, the crime is at least two months with possibility of extension of this period repeatedly.

Investigators is investigators

The police introduced a new staff unit — the investigator who is investigator to investigate the misconduct.

According to the estimates of the head of national police of Igor Klimenko, will begin work July 1, about 37 thousand investigators.

In this category planned to convert the district and to recruit new people, but in fact transferred mainly investigators.

Initially the logic was such that the remaining investigative staff investigated only the crime and not be distracted by shoplifting and similar offences.

According to our sources in the interior Ministry, and now most newly minted investigators know little of what they have to deal with today, however, the leadership of national police and even the attorney General Irina Venediktova already reported that the introduction of offences are fully ready.

Penalties for misconduct increased dramatically

Today, radically changing the procedure of prosecution of offenders, for example, for shoplifting amounting to more than 210 USD, but less than 105 100 hryvnia.

Changing the penalty for simple theft — under part 1 of article 185 UK of Ukraine. Previously the minimum penalty for criminal theft without aggravating circumstances was 850 hryvnia. From 1 July, this amount increased to the minimum threshold of 17 thousand hryvnia, and the maximum penalty will amount to 51 thousand hryvnias.

That is, for stealing bottles of brandy, the thief, the drinker will now have to seriously overspend on a penalty of 17 thousand hryvnias.

To detain the police will have the power for 72 hours — if the person resists the officer refuses to stop the offense, trying to escape. Or 24 hours if the person is intoxicated and could harm yourself or others.

An incident with drunk driving

Also in the bill, which was adopted under Poroshenko, sought to make the criminal offense driving while intoxicated or under the influence of drugs is to introduce into the criminal code a new article-286 icon 1.

However, after coming to power of Vladimir Zelensky this article decided to clean up and leave the booze behind the wheel of administrative offences, as before according to art 130, Art.

But the edit had a mishap. Today will still be a criminal misdemeanor driving under the influence of alcohol or drugs — note 1 of article 286 of the criminal code of Ukraine.

As edits decriminalizing this article in UK transferred for the signature to Vladimir Zelensky on 23 June, but he still has not signed them, they are not published and the changes did not take effect. So today and until the signing of the amendments and their entry into force, will act “IsNot mine” edition of the law on offenses, where drunk driving is a criminal offense punishable by a fine of up to 34 thousand UAH with deprivation of the rights to 3 years.

That is, all who are “mazzacane” get caught driving drunk, will be pioneers and will be prosecuted for the Commission of the offense.

How will judge for misconduct

If after submission of the suspected misconduct, the Prosecutor is obliged to make such decisions: no later than three days to send the indictment to the court, to extend the inquiry for 20 days if the suspect is not guilty and the collected materials are not sufficient, or close criminal proceedings if there is no corpus delicti. Or, when signs of misconduct and not misconduct, and crime, to direct criminal proceedings for carrying out pre-trial investigator.

Is simplified and the procedure for consideration of cases on misconduct in court. The court, upon an indictment for Commission of a criminal offense, shall, within 5 days of the trial.

If the defendant does not dispute the established facts of the violation and agree with the review of the indictment without his presence, the court may consider the indictment without of the participants in the proceedings.

The interior Ministry believes that the introduction of the offences would significantly relieve investigators. However, given that the investigators just put our current investigators, the effect can be reversed. Shoplifting will be investigated with a Bang, there you have it, and on grave and especially grave crimes will be staff shortages.