The analysis of the current legislation, as well as the provisions of scientific research allowed to establish both among the offenses of acts that have, relatively speaking, a criminal nature, and among the crimes – acts that contain elements of offenses. Thus, it allows to determine a separate category of acts that exist on the verge of crimes and administrative offenses – criminal offenses. The establishment of a qualitatively new institution for criminal law is not just a political whim, but a challenge to modern society, which requires somewhat different regulation of public relations, including in the field of criminal justice.
Thus, in the conditions of observance of the principles of legality and the rule of law, it is extremely difficult for law enforcement agencies to fully and comprehensively investigate crimes, when the average workload of one investigator is at least 250 criminal proceedings. At the same time, according to the Unified Report on Criminal Offenses for 2018, the total number of crimes of small or medium gravity, such as unqualified theft (Part 1 of Article 185 of the Criminal Code), light bodily harm (Article 125 of the Criminal Code), is 64.1% from all investigated.
In general, the introduction of a simplified procedure for investigating criminal offenses in the proposed draft Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine to Simplify Pre-trial Investigation of Certain Categories of Criminal Offenses” will ensure rapid investigation of minor offenses, which in turn will reduce the burden on authorities pre-trial investigation and will provide an opportunity to focus the activities of investigators on the investigation of serious and especially serious crimes, as well as to take another step towards the humanization of criminal law.
The need to introduce criminal offenses is provided by a number of factors, which include: social preconditions (ensuring the humanization of criminal policy), legislative preconditions (the provisions of the Criminal Code should refer not only to crimes but also to criminal offenses, ie criminal offenses that will be comply with the provisions of the CPC), international legal preconditions (statistical reports of the Prosecutor General’s Office of Ukraine, are conducted on criminal offenses (although they do not actually exist), which makes it impossible to really compare the level and dynamics of crime in Ukraine and other European countries), ideological preconditions hierarchy of values protected by criminal law, the establishment of permissible limits of influence on the criminal law of foreign experience,consistency of criminal procedure legislation and proposed draft laws on misdemeanors), financial preconditions (optimization of the allocation of material resources to law enforcement agencies).
Criminalization of certain manifestations of illegal behavior cannot be considered as a means of ensuring the procedural rights of the individual. This task should be solved by making changes and additions to the administrative legislation, and not by recognizing certain acts as criminal offenses. Thus, we can trace the somewhat practical orientation of the bill, which is aimed at solving the problem of factual crimes that exists today in the field of pre-trial investigation.