“As Ukrainian lawmaking stuck in punitive logic (Ukr.).”, – WRITE: www.pravda.com.ua
The standard response of the Verkhovna Rada to any social problem is a whip: to increase the responsibility of citizens, to add new articles in codes, to impose more rigid sanctions.
Take for example, Bill No. 13452 – Another whip. He proposes to strengthen the punishment of the military for failure to comply with the order of imprisonment for a term of 5 to 10 years. Moreover, the court will not have the right to take into account the circumstances or to impose a softer punishment. This project of the law people’s deputies can vote Already today, September 3.
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The declared goal is to increase discipline in the army, they say that this is a request from the military. However, as soon as information about the bill is most critical They said It is the fighters. Lawyers also question the effectiveness of this approach. For example, the judge of the Grand Chamber of the Supreme Court, Doctor of Laws Oleg Tkachuk He stresses: “Increasing punishment in itself will not ensure the rule of law in the Armed Forces.” And not only in the Armed Forces, in fact. This example is not single.
Looting law: When punishment replaces understanding Let’s move in March 3, 2022. From the beginning of the full -scale invasion of Russia, it has passed exactly one week, the Verkhovna Rada gathered for a meeting, at which the laws in martial law will be approved for the first time. One of the first problems she wants to solve is ”looting”or what parliamentarians understood this term. And they understood this term of theft, robbery, robbery, extortion, committed in a state of military or emergency. Then the imagination could draw a picture of the gang of criminals who carry property from foreign homes whose owners flee from hostilities. What should be done to prevent such a situation? Parliamentarians used time tested and their imagination – to strengthen responsibility. Therefore, on March 3, the Law of 2117-IX was registered, analyzed and adopted. And they equated any theft “in a state of martial law” to a serious crime.
Did the theft of the theft in martial law stopped? No. But it created an exclusive legal problem that the Grand Chamber of the Supreme Court could not solve, and complicated the interpretation of new rules in the courts. The very fact of consideration of many cases of theft in the conditions of martial law shows that such offenses were still committed, despite the fact that the Verkhovna Rada had strengthened their responsibility for them.
In addition, the definition of “looting” was incorrect. In international law, it means theft of property on the battlefield, including the wounded or dead. Actually, it also means in the Criminal Code of Ukraine. Although this did not prevent the lawmakers from calling the usual offenses committed anywhere in the territory of Ukraine.
Why does the formula “always whip” don’t work? “More punishments – less violations” sounds simple and attractive, but does not work in practice. Of course, the state cannot distribute some gingerbread, and punishment must be punished for unwanted behavior. But only in this way, it is impossible to solve all the problems. Instead, you can achieve the opposite effect – to aggravate the situation or to increase the load on the law and order system and the courts. However, this is not very concerned about the lawmakers. The Law Enforcement Committee is consistently included in the top 3 loading committees of the Verkhovna Rada of Ukraine. MPs from session to session methodically and constantly compete in who comes up with new punishments. Do these punishments solve social problems? The question is rhetorical.
Will the Bill No. 13452 help to solve the problems it should solve? The military is in doubt – instead of solving the problem, they are likely to “just go into the HSC.” For the unauthorized leaving of the part (HRC), there is responsibility, however, more than 200,000 cases indicate that the punishment alone cannot be effectively prevented.
The saying about “Batig and Gingerbread” is not unique. For example, in the UK, an idiom about “stick and carrot” (Stick and Carrot) is more common. Similarly, Ukraine is not unique in its attempts to influence society. Other states also try to influence society by different methods. Trying to do it, they left the formula “always whip” far behind. Where Ukraine is making changes to the laws on any occasion, the European Commission offers a wide range of tools to influence public behavior, combined in 4 groups (each contains a list of specific instruments):
Where Ukraine does a long -range analysis in the day, the European Commission can study the problem for several months by choosing the most balanced, rational, effective option II solution.
Where Ukraine uses “always whip”, the European Commission can think about changing the environment, organizational model, management structure, culture, combination of sanctions with stimuli and more.
This does not mean that the EU never uses “whips”, “sticks”, sanctions and punishment. They do it. But only after determining (as a result of careful analysis and wide consultations) that all other ways of solving the problem do not work, and only legislative changes to establish sanctions for unwanted behavior can correct the situation.
Will there be “carrots” in the Verkhovna Rada? Ukraine is moving to the EU. The Verkhovna Rada of Ukraine plays one of the key roles along this path. And a new, fourteenth session of the Ukrainian Parliament can make us even closer to the European Union. However, ratification of several more technical regulations or the same product marking will not allow Ukraine to become a full part of the EU. An important aspect of our development should be a change in the logic of solving social problems. The European Union is not built with the help of only whips themselves.
Perhaps Ukrainian lawmakers want to give the impression of a “strong hand”, which, holding the whip, keeps everything under control. Or parliamentarians continue to do so unconsciously and inertia, using only sanctions and punishment, as it is difficult for them to imagine other ways to solve problems. But a new session of the Verkhovna Rada gives a new chance to change ways to influence society. Or – remain a hostage to your own whip.
Vladimir Skripetshead of the analytical department “Laborator their legislative initiatives ”
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