Following the results of the parliamentary hearings on the “Concept of Criminal Policy”, the discussers presented their recommendations.
Providing reliable protection of society from criminal encroachments is one of the most acute problems that the Donetsk People’s Republic is facing. In this regard, the criminal policy of the Donetsk People’s Republic should be aimed at preventing, precaution, combating crime, protecting and supporting persons who have suffered from crimes, as well as social rehabilitation and supervision of persons who have served a criminal sentence.
The concept of the criminal policy determines the prerequisites, content and procedure for the actions of normative and law enforcement bodies to ensure the effectiveness of legislation for the implementation of the above objectives.
The direction of the development of own legal system dictates the need for its harmonization with the legislation of the Russian Federation.
The concept of the criminal policy is the basis for the development of long-term plans of the legislative activity, draft normative legal acts in the field of criminal legislation and practice of its application.
Particular attention should be paid to bringing existing regulatory legal acts in line with the Constitution of the Donetsk People’s Republic, the adoption of core laws and codified acts in those areas that are currently regulated by by-laws.
Having considered the directions of the criminal policy, the participants of the hearings focused their attention on the following points.
Participants of the hearings noted the advisability of reflecting the changes of the last years that affected social and economic relations in the society in the current criminal legislation, as well as the development of its own administrative, criminal procedural and penal enforcement legislation in this regard.
Particular attention should be paid to the development and adoption of laws regulating the activity of the judicial branch of the Republic’s power as the most important component of the formation of a democratic rule of law and civil society.
Participants of the hearings noted the need to study the legislative practice of neighbouring states in the sphere of legal regulation of the preliminary (pre-trial) investigation with the aim of developing its ultimate model. Following the results of the parliamentary hearings, the following recommendations were adopted by the participants:
- For the Committee of the People’s Council on Criminal and Administrative Legislation to hold consultations with all the interested parties and to consider sending the draft of the Conception of Criminal Policy to the Head of the Donetsk People’s Republic.
- For the Committees of the People’s Council to pay special attention to the correcting of draft Laws No. 237-VS “On Amendments to the Criminal Code of the Donetsk People’s Republic”, No. 351-VS “Code of Administrative Offenses of the Donetsk People’s Republic”, No. 410-KD “On the Judicial System of the Donetsk People’s Republic “, No. 412-KD” On the Status of Judges in the Donetsk People’s Republic.”
- For the Committee of the People’s Council on Criminal and Administrative Legislation to submit to the parliament (during the spring session of 2018) a draft of the Code of Criminal Procedure of the Donetsk People’s Republic.
- For the subject with the right of legislative initiative, jointly with the state authorities, to consider the possibility of creating a working group on the drafting of the Penal Enforcement Code of the Donetsk People’s Republic.