Discussions about imposing liability for misdemeanour

Different approaches concerning the solution of question of reasonability to establish responsibility for misdemeanor in the currently existing legislation of Ukraine are analyzed, as well as main conceptual positions of material and procedural law norms studying misdemeanors. Positions of legislative proposal of Law of Ukraine N 4712 from April 16, 2014 are criticized. The main idea of this law project concerning establishing responsibility for misdemeanor in terms of Criminal Code of Ukraine seems doubtful. In connection with this, propositions about substitution of concept ‘criminality of act’ for ‘criminal wrongfulness’ seem unjustified, as well as about category of ‘criminal wrongful act’ implementation including such of its types as crime, misdemeanor etc. Such innovations will inevitably lead to considerable expanding of boundaries of criminalization, as according to the approach suggested, those acts nowadays considered as administrative delinquencies will be considered as crimes. Another conceptual regulations of law project involving main statutory regulations of currently existing criminal legislation of Ukraine are criticized as well. A more appropriate solution concerning introduction of ‘misdemeanor’ category into Ukrainian legislation by way of legal enacting of separate normative act, The Misdemeanor Law (Code) of Ukraine, is suggested. Main conceptual regulations of this normative act are presented.