Article | Resizing Fine Abduction Through Prism Criminal Law |
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Authors | NATALIYA ANTONIYK |
Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 5 / 2024 |
Pages | 58 - 63 |
Annotation | By amending the Code of Administrative Offenses of Ukraine by changing the quantitative criterion for petty theft, the legislator caused a discussion about the adverse effect of such changes on those criminally punishable encroachments on property (theft, fraud, embezzlement and embezzlement) for which persons have already been convicted or for which are only at the stage of pre-trial investigation or in court. The article provides arguments that changes in the Code of Administrative Offenses, which directly affected the criminal law, should also be considered as changes to criminal legislation and have retroactive effect. Arguments are given that there is a significant difference between the usual change in the tax-free minimum income of citizens and the change in the value, upon reaching which the act becomes criminally punishable and, accordingly, ceases to be assessed as an administrative offense. The expediency of closing the relevant proceedings in connection with decriminalization is substantiated. The expediency of closing the relevant proceedings in connection with decriminalization is substantiated. Arguments are given that changing related legislation, namely the Code of Administrative Offenses, can be one of the ways of decriminalization.
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Keywords | petty theft; differentiation; retroactive effect of the criminal law over time; decriminalization |
References | Bibliography Websites 1. Marin O, ‘Chy vidbulasia chastkova dekryminalizatsiia kradizhky ta yaki naslidky tse matyme?’ <https://www.academia.edu/122719507/Has_theft_been_partially_decriminalized_ and_what_consequences_will_it_have> (accessed: 18.07.2024).
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