Lototskyi M., Dzundza L. Application of the principle of retroactivity in ukrainian legislation for commitment of applicable offenses against property

DOI: https://doi.org/10.33098/2078-6670.2024.18.30.147-154

Purpose. The purpose of the work is to study the extension of the principle of retroactivity to law-making and law-enforcement practice to the legal system in Ukrainian legislation. Methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of relevant conclusions. The following methods of scientific knowledge were used during the study: comparative law, logical-grammatical, system-structural, modeling. Results. During the study, it was recognized that in the legislation of Ukraine, in the process of creating and implementing legal norms, general principles of law are applied, which are guided by state authorities and local governments in their activities within the framework of their competence. When adopting new regulatory legal provisions or making changes to existing ones, general principles of law must be applied. The application of the principle of retroactivity of law allows individuals and legal entities to be confident in the legal assessment of their actions not only when they are committed, but also in the future. Scientific novelty. In the process of research, it was scientifically substantiated that the criminal procedural legislation of Ukraine as a whole complies with the Fundamental Law of Ukraine and the practice of the European Court of Human Rights during criminal proceedings when changing the punishment for committing criminal offenses.

Practical significance. The results of the study can be used in law-making activities in the further improvement of national criminal procedural, criminal legislation regarding the improvement of the institution of the application of punishment when improving the legislation on punishment for committing criminal offenses, as well as in the educational process during the teaching and study of the academic disciplines “Criminal Procedural Law of Ukraine”, “Criminal Law”, “Law Enforcement Activities”, “Advocacy”, others.

Key words: pre-trial investigation, trial, general principles of law, principle of retroactivity, law-making, law enforcement activity, review of sentences, validity of law, criminal act, retroactive effect of law in time, abolition of criminal liability, mitigation of criminal liability, ex post facto.

References

1. Code of Administrative Procedure of Ukraine: Law of Ukraine No. 2747-IV, edition of 11/15/2024. Avaliable at: https://zakon.rada.gov.ua/laws/show/2747-15#Text (in Ukrainian)

2. Code of Ukraine on Administrative Offenses: Law of Ukraine No. 80731-X, version of October 25, 2024. Avaliable at: https://zakon.rada.gov.ua/laws/show/80731-10#Text (in Ukrainian)

3. Convention on the Protection of Human Rights and Fundamental Freedoms: The Convention was ratified by Law No. 475/97-VR dated 07/17/1997. Avaliable at: https://zakon.rada.gov.ua/laws/show/995_004#Text (in Ukrainian)

4. Constitution of Ukraine: Law of Ukraine dated 28.06.1996 No. 254k/96-ВР. Avaliable at: http://zakon0.rada.gov.ua/laws/show/254к/96-вр (in Ukrainian)

5. Criminal Code of Ukraine: Law of Ukraine No. 2341-III, version dated November 21, 2024. Avaliable at: http://zakon0.rada.gov.ua/laws/show/2341-14/print1509546860368158

6. Criminal Procedure Code of Ukraine. Law of Ukraine dated November 1, 2024, No. 4033-IX. Avaliable at: https://zakon.rada.gov.ua/laws/show/4651-17#Text (in Ukrainian)

7. On making changes to the Criminal Code of Ukraine regarding increased liability for looting: Law of Ukraine No. 2117-IX dated 03.03.2022 Avaliable at: https://zakon.rada.gov.ua/laws/show/2117-20#Text (in Ukrainian)

8. On amendments to the Code of Ukraine on Administrative Offenses and some other laws of Ukraine regarding increased liability for petty theft of other people’s property and regulation of some other issues of law enforcement activities: Law of Ukraine No. 3886-IX dated 18.07.2024 Avaliable at: https://zakon.rada.gov.ua/laws/show/3886-20#n8 (in Ukrainian)

9. Decision of the ECtHR in the case of Scoppola v. Italy (No. 2) (Scoppola v. Italy (No. 2)), (No. 10249/03) dated September 17, 2009. Avaliable at: file:///C:/Users/Mihael/Downloads/CASE%20OF%20SCOPPOLA%20v.pdf (in Ukrainian)

10. Decision of the Constitutional Court of Ukraine in case No. 1-rp/1999 dated February 9, 1999. Avaliable at: https://zakon.rada.gov.ua/laws/show/v001p710-99#Text (in Ukrainian)

11. Civil Procedure Code of Ukraine: Law of Ukraine No. 1618-IV, version dated 10.19.2024 Avaliable at: https://zakon.rada.gov.ua/laws/show/1618-15#Text (in Ukrainian)