Preparation Features of the Criminal Code of Ukraine First Draft Led by Professor V.M. Smitienko

The article reveals and analyzes some preparation features of the first alternative to the official draft of the Criminal Code of independent Ukraine in 1992–1993 on behalf of the Verkhovna Rada of Ukraine Commission on Law and Order and Crime Combating under the leadership of Professor V.M. Smitienko. The article focuses on the peculiarity of the heated discussions that took place during the discussion of this bill in the period 1993–1996, between international deputies of Ukraine and scientists. It emphasizes the polarity of views and concepts on the project between the working group on the Criminal Code of Ukraine official draft on behalf of the Cabinet of Ministers of Ukraine and the working group on the preparation of the Criminal Code of Ukraine alternative draft on behalf of the Verkhovna Rada Commission on Law and Order and Crime Combating led by V.M. Smitienko. The article establishes that the first alternative project to the Criminal Code of Ukraine official draft, published in 1993 and May 15, 1998 (with appropriate changes), and prepared by the author's team led by V.M. Smitienko is not just part of the national legislation history, it has significantly influenced the formation of national criminal law. The article emphasizes that the experience of draft law at that time is important to take into account in the activities of the newly established working group on criminal law (according to the Decree of the President of Ukraine № 584/2019 of 07.08.2019 "Issues of the Commission on Legal Reform"). The paper concludes that the progressive ideas and concepts of the alternative project, in the event of its adoption, could significantly positively affect the formation and functioning of criminal law state institutions.