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YURI BAUMAN TOOK PART IN THE WORK OF THE COMMITTEE OF THE VERKHOVNA RADA OF UKRAINE ON THE ISSUES OF LEGISLATIVE SUPPORT OF THE LAW ENFORCEMENT


Yuri Bauman took part in the Committee of the Verkhovna Rada of Ukraine on legislative support of the law enforcement on the consideration of the draft Law on amendments to the Criminal Code of Ukraine regarding liability for crimes committed by the criminal community No. 2513 of 02.12.2019.

At the committee meeting, representatives of the National Association of Lawyers of Ukraine expressed their comments on the draft law and emphasized that the draft needed substantial revision.

In particular, it was noted that, in accordance with article 2 of the Criminal Code of Ukraine, the only ground for criminal liability is the commission by a person of a socially dangerous act that has such elements of crime as created by this Code gives grounds for criminal liability. According to the Article 11 of the Criminal Code of Ukraine, the crime offense shall mean a socially dangerous culpable act (action or omission) prescribed by this Code and committed by an offender. Thus, one of the main mandatory signs of a crime is an act that can be expressed in the form of action or omission. The certain criminal status or possible involvement of a person in a certain activity is not an action or inaction in the meaning of the above abovementioned provisions of the law, therefore, criminal liability should be excluded. Also, other weighty arguments were given.

15.01.2020