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Julia SHULIAK,

Associate Professor of Adult Education, National Pedagogical University named after M. P. Drahomanov, Candidate of Law

THE FORMATION OF SANCTIONS AND THEIR FILLING IN LEGISLATIVE ACTIVITY OF THE SUPREME COUNCIL OF UKRAINE

The article is sanctified to the analysis of row of bills on making alteration and additions in the Criminal Code of Ukraine, positions sent to establishment of accordance and intercommunication Criminal and Criminal procedural Codes of Ukraine. Special attention concentrated on logic of forming of legal approvals and rules of their filling by the concrete types of punishment. It is indicated on the row of controversial issue and inconsistencies between the offered changes and operating positions of the Criminal Code of Ukraine. It is set that a legislative improvement of positions of the operating Criminal code of Ukraine is continuous. This process is caused by the necessity of providing of practical application of positions of the operating Criminal Code of practice of Ukraine in relation to the features of pre-trial investigation of criminal misconducts and them judicial consideration. It is found out, that after injuring the Criminal Code of practice in Verkhovna Rada of Ukraine a few bills, that envisaged structural reformation of the legal system, bringing her over in accordance with international standards and concordance with practice of the European Court of Human Rights among that, were registered: projects of Law of Ukraine “About making alteration in the Criminal Code of Ukraine in relation to introduction of institute of criminal misconducts”, “About making alteration to Criminal and Criminal procedural Codes of Ukraine in relation to the input of institute of criminal misconducts”, “About making alteration to some legislative acts of Ukraine in relation to the input of criminal misconducts”. Their development and further realization of existence are predetermined by entering into legal force of norms of the Criminal Code of practice in relation to criminal misconducts and necessity of bringing positions over Criminal and Criminal procedural Codes in logical accordance.

The survey study of the indicated bills allows to draw conclusion, that them in general aim are a decision at legislative level of concept of criminal misconduct, the selection of its constituent elements and prediction of the onset of criminal consequences.

Drawn conclusion, that a current criminal legislation needs changes and additions, sent to expansion of number of approvals that envisage alternative to imprisonment types of punishments and on reduction of number of approvals, that envisage the punishments related to the isolation of convict from society.

To the home legislator greater attention at forming and filling of approvals in legislative activity it follows to displace on such punishments, as a fine, limitation of will, social works, arrest. Exactly these types of punishment can in full compensate short-term imprisonment and will assist the improvement of approvals of the articles of Special part of the Criminal Code of Ukraine.

Key words: punishment, sanctions, fine, restriction of freedom, public works, arrest, imprisonment.

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