Some legislative amendments of the Draft CC of Ukraine in comparison with the current CC of Ukraine

The article considers a range of important novels, provided for by the Draft Criminal Code of Ukraine (CC), which are offered in substitution to the provisions of current CC. The authors analyze the concept of the grounds for criminal liability, emphasizing precise definitions of the elements and features of the corpus delicti, which play a key role in the criminal offences’ qualification. Special consideration is given to the institute of accompliceship. The draft also provides for the introduction of the intermediate perpetrator as a separate category, who is not an accomplice, as well as extension of provisions on accompliceship with a special subject. The exclusion of the concept of “public danger” from the definition of a criminal offence, leaving only the feature of “criminal illegality”, is also considered. The authors support this amendment and note that “public danger” may be taken into account during the criminalization and decriminalization of acts. The system of criminal legal remedies is particularly considered. The Draft CC retains such types of punishment as community service, fine, restriction of liberty, fixed term or life imprisonment, and excludes arrest, forfeiture of property and correctional labour. The authors of the draft consider probation supervision as a social and educational measure and a means of supervision, but not the type of punishment, since it applies during or immediately after the completion of the basic punishment. The draft also excludes revocation of a military or special titles or qualification class from the punishment system and determines it as a disciplinary measure. The importance of the introduction of standardized sanctions which will correspond to the gravity of the offence and will be prescribed by the General Part of the CC and, simultaneously, will remain in the Special Part for the convenience of practical application, is also noted. Particular attention is paid to safety measures, inter alia compulsory psychiatric assistance, provided to persons who have committed acts in a state of insanity or partial insanity. Such assistance may be outpatient or in-patient, and its duration depends on the treatment results.