• 1
© Te Author(s) 2020. Published by Oxford University Press. All rights reserved.
For permissions, please e-mail: journals.permissions@oup.com.
Specifc Features of Criminal Proceeding
Regarding Criminal Misdemeanours
Viacheslav V. Vapniarchuk*, Inna L. Bespalko
†
and
Maryna G. Motoryhina
‡
ABSTRACT
Te urgency of the problem stated in the article is conditioned by amendments to the
criminal procedural legislation, which in a new way regulate the procedure of criminal
proceedings concerning criminal ofences. Te aim of the article is to investigate the pro-
cedure for conducting criminal proceedings for criminal ofences and to make suggestions
for improving its regulatory framework. Te basic approach to the study of this problem
was to conduct a critical analysis of the rules of the current criminal procedural legislation,
which regulate criminal proceedings for criminal ofences, and to express views on rules’
proper understanding and application. Based on the analysis of the features of the nor-
mative regulation of criminal proceedings concerning criminal ofences, the publication
comments on a number of norms of the current Criminal Procedure Code of Ukraine,
which regulate both pre-trial investigation of criminal ofences in the form of enquiries
and court proceedings against them; approaches to their elimination have been proposed.
Te materials of the article represent both theoretical and practical values. Tey can be
used for further scientifc investigation of the features of criminal proceedings regarding
criminal ofences, as well as for the proper understanding and implementation of law en-
forcement criminal proceedings.
INTRODUCTION
Te development of the science of the domestic criminal process leads to the need
to study the procedure for criminal proceedings in general and the particular features
of proceedings in criminal ofenсes. Tis issue is particularly relevant in view of the
rapid entry into force of the amendments to the CPC of Ukraine,
1
which signifcantly
changed the approach to normative regulation of criminal proceedings for criminal of-
fences.
2
It should be noted that several approaches have been taken in the mater of
* Department of Criminal Process, Yaroslav Mudryi National Law University, 61024, 77 Pushkinska Str., Kharkiv, Ukraine.
†
Department of Criminal Process, Yaroslav Mudryi National Law University, 61024, 77 Pushkinska Str., Kharkiv, Ukraine.
‡
Department of Criminal Process, Yaroslav Mudryi National Law University, 61024, 77 Pushkinska Str., Kharkiv, Ukraine.
1
Te Criminal Procedure Code of Ukraine of April 13, 2012, No. 4651-VI. <htp://zakon5.rada.gov.ua/laws/show/4651-17>.
2
Law of Ukraine ‘On Amendments to Certain Legislative Acts of Ukraine on Simplifying Pre-trial Investigation of
Certain Categories of Criminal Ofences’ No. 2617-VIII from 22 November 2018. <htps://zakon.rada.gov.ua/laws/
show/2617–19>.
Statute Law Review, 2020
doi:10.1093/slr/hmaa006