Analysis of the Draft Law:
Analysis of the Draft Law of Ukraine on Amending Article 206 of the Criminal Code of Ukraine to Eliminate Terminological Inconsistencies
Essence of the Draft Law: The draft law is aimed at making a terminological amendment to Article 206 of the Criminal Code of Ukraine, proposing to replace the word “integral” with “unified” in the first paragraph of the first part. This is intended to eliminate terminological inconsistencies.
Structure of the Draft Law and Main Provisions: The draft law consists of two points. The first point contains changes to the text of Article 206 of the Criminal Code of Ukraine, namely the replacement of the term. The second point determines that the law enters into force on the day following its publication. Compared to previous versions, this draft focuses exclusively on terminological correction without changing the essence of legal norms.
Key Provisions Important for Legislators, Experts, Businesses, and Citizens: Legislators and experts may consider it important that the change in terminology contributes to greater consistency of legislation, which can facilitate its practical application. For businesses and citizens, these changes may seem insignificant, but they are part of the overall trend towards improving legal certainty and precision of legislation, which ultimately may contribute to better compliance with legal norms and reduction of legal disputes.
Analysis of the Explanatory Note:
Analysis of the Explanatory Note to the Draft Law of Ukraine
Essence of the Draft Law
The Draft Law of Ukraine provides for amendments to Article 206 of the Criminal Code of Ukraine, replacing the term “integral property complex” with “unified property complex”. This is aimed at eliminating terminological inconsistencies in legislation.
Reasons and Necessity for Adoption
The necessity for adopting this law stems from the recommendations of the Accounting Chamber, expressed in a decision from 2021. The audit revealed the need to unify the terminology used to describe property complexes to improve control over rental income to the state budget. This is also a response to the requirement of legislative regulation of amendments to the Criminal Code of Ukraine exclusively by laws.
Main Consequences of the Draft Law
Adoption of this draft law will contribute to the harmonization of legislation, which can facilitate working with legal documents and their interpretation. This is important for legislators, as it promotes clear legal certainty. For businesses and citizens, especially those interacting with state or private property complexes, this may mean more transparent conditions for property rental and management. It should be noted that the law does not require additional budget expenditures and does not affect socially significant aspects such as the rights of persons with disabilities or gender equality.
Analysis of Other Documents:
1. Position of the Document Author: The draft law is supported by key committees of the Verkhovna Rada of Ukraine, including the Committee on Law Enforcement, the Budget Committee, and the Committee on Ukraine’s Integration into the European Union. They all recognize it as relevant and appropriate for eliminating terminological inconsistencies.
2. Main Provisions of the Document:
- The draft law provides for a change in terminology in Article 206 of the Criminal Code of Ukraine. It is proposed to replace the phrase “integral property complex” with “unified property complex” to align with terms already used in the Civil and Economic Codes of Ukraine.
- The changes are aimed at unifying terminology to ensure legal clarity and consistency in legislation.
- The draft law has no financial impact on the state budget, as confirmed by the Ministry of Finance of Ukraine and the Budget Committee.
- The Committee on Ukraine’s Integration into the European Union indicated that the draft law complies with the national legislation of EU countries and does not contradict Ukraine’s international obligations.
- The draft law has received support from the Main Scientific and Expert Directorate of the Verkhovna Rada of Ukraine and the Human Rights Commissioner.
This draft law is important for ensuring legal certainty in legislation, which can positively impact law enforcement, the business environment, and the legal system of Ukraine as a whole.
