Анотація

Criminal Procedure Code of Ukraine in 2012 allows the possibility of summary proceeding. This procedure should be applied in cases of misdemeanors. This legislative novel is an attempt of the legislator to provide fast and effective criminal proceeding. With the introduction of summary proceeding legislator was guided by European law. However, it is significantly different from the criminal procedural law of Ukraine. In particular, the latter features are as follows: a) the mandatory consent of the suspect and the victim to review the indictment act in summary proceeding; b) lack of authority of the court to refuse consideration of the indictment act in summary proceeding; c) the possibility of under summary proceeding of certain procedural acts that are typical for a «normal» proceedings. Everything listed above significantly complicates the application of the law on summary proceeding. Criminal Procedure Law of Ukraine requires at least the following changes: a) request to review the indictment act in summary proceeding must submit a proposal for the sanction which should be selected for accused; b) the consent of the victim shall not be a condition for consideration of the indictment act in summary proceeding; c) the court shall have the right to refuse tequest to review the indictment act in summary proceeding; d) summary proceeding shall exclude call of the trial participants to the court hearinf; e) the court shall impose a sentence declared in the request to review the indictment act in summary proceeding.

Keywords: criminal offenses, misdemeanors, summary proceeding, trial proceeding.