"PHENOMENON" OF UKRAINE'S CRIME AND FEATURES OF ITS DETERMINATION IN THE CONDITIONS OF RUSSIAN AGGRESSION

Abstract

The article analyzes some quantitative and qualitative indicators of criminal offenses in 2022, identifies the features of their determination in military conditions, as well as developed scientifically sound measures to address existing problems in this regard.

In particular, it is proposed to supplement the CPC of Ukraine with the legal norm "Establishment of the causes and conditions that contributed to the commission of a criminal offense" by making a relevant sentence in this Code:

1. a)item 22 part 2 of Art. 36 "Prosecutor", namely:

"The powers of the prosecutor overseeing the observance of the law during the pre-trial investigation in the form of procedural guidance for the pre-trial investigation also include the duty to require the pre-trial investigation investigators to establish the causes and conditions of criminal offenses in each criminal proceeding";

1. b)item 10 part 40 "Investigator of the pre-trial investigation body" -

"The powers of the investigator have the duty to establish in each criminal proceeding the reasons and conditions that contributed to the commission of a criminal offense, and to take them into account when determining the circumstances enshrined in the law on criminal liability that mitigate or aggravate punishment."

It is also proved that in order to solve this problem it is necessary to solve the second problem, which relates to the issues identified in this scientific article, namely - to bring the criminal proceedings of the prosecution (prosecutors and investigators) to the requirements of Part 2 of Art. 19 of the Constitution of Ukraine, according to which public authorities and their officials are obliged to act only on the basis, within the powers and in the manner prescribed by the Constitution and laws of Ukraine.

That is, without empowering the prosecutor and the investigator at the level of law to identify the causes and conditions that contributed to the commission of a particular criminal offense, unauthorized engagement in such activities will contradict the established general principles of criminal proceedings (rule of law, legality, presumption of innocence, etc.). Article 7 of the CPC), as well as the Basic Law of Ukraine.

Such actions are attributed by the court to the excess of official authority and oblige this state body in the administration of justice to assess the content of any law in terms of its compliance with Art. 8 of the Constitution of Ukraine and, if necessary, apply its provisions as an act of direct action.