The Problems of Stability and Dynamism of the Contempopary Criminal Law of Ukraine

The problems of stability and dynamism of the legislation are analyzed. It’s argued that those trends are fully manifested in the development of modern criminal legislation of Ukraine. At the same time, the examples of the many often chaotic and haphazard not sufficiently substantiated and sometimes frankly mistakable amendments and additions that have been made to the Criminal Code of Ukraine in recent years are given. Those amendments and additions unlikely could be justified only by tendency to dynamism of legislation due to the real needs of society. Particulary, the amendments made to a numerous sanctions of articles of the Special Part of the Criminal Code that establish such maximum limits of certain types of punishments that are contrary to the provisions of the norms of the General part are considered. The bills that proposes to implement the idea of responsibility for criminal misdemeanor by its establishment under the current Criminal Code are analyzed. Their adoption could not only lead to a significant and unwarranted extension of the limits of the criminalization of conduct, but is also contrary to the general tendency of humanization of criminal legislation. On the ground of the analysis of some of those novations and some bills in this sphere there was concluded that legal implementation of penal policy can be quite effective only when it is based of the preceding fundamental researches and expert reviews, and it should be scientifically justified, theoretically modeled, predictable, verified and approved.