Анотація

The article focuses on the problem of failure by law-enforcement bodies of constitutional and legislative requirements to ensure legal protection of property in Ukraine by subjective refusal to initiate criminal proceedings until the potential victim did not prove the fact of infringement on his/her property. On the basis of summarizing the results of the expert survey of investigators of pre-trial investigation agencies and district police officers of the National Police of Ukraine, administrative and criminal proceedings materials on another's property stealing, conclusions after citizens’ appeals there are suggestions for improving legislation and practice of its application.

The author has established that such problems are caused exclusively by the new order of application of the criminal law rules that introduced in late 2012. In this regard there is the question about the urgent need to create working groups to develop amendments or new versions of criminal procedural as well and criminal substantive law, but together, so that changes occurred simultaneously. It should put the question of revision of the new Criminal Procedural Code of Ukraine, but this do not permit potential criminals and their lawyers, because for them it is ideal, while the prosecution part is alone with a bunch of unsolved problems.

He has proved that the prospects for future research are to further study real problems of law-enforcement to develop effective recommendations for necessary amendments to legislation as well as practice of its application. Such changes and recommendations should refocus law-enforcement and judicial bodies to not quantitative performance, but to the reduction of crime. The subjective sense of security of each of us has to become a major indicator of the functioning of the criminal justice system.

Keywords: police, investigator, district police officer, legal regulation, rights and duties, victim, crime, offense, suspect, property, theft.