Основні напрями вдосконалення законодавства про звільнення від кримінальної відповідальності у зв’язку з передачею особи на поруки

Abstract

The article defines proposals aimed at improving the normative provisions of the law on discharge from criminal responsibility in view of admission by bail (the Art. 47 of the Criminal Code of Ukraine). In particular, it is proposed: a) the introduction of effective control by the state (its bodies) in compliance with the terms of the transfer of a person to bail, which provides for the supervision of the person's performance of the duties assigned to him in connection with his release from criminal liability on the basis of the Art. 47 of the Criminal Code and, at the same time, supervision over the implementation by the staff of the enterprise, institution, organization of educational measures in relation to the person who has been transferred to bail; b) consolidation in the Art. 47 of the Criminal Code, the authority of the court, in addition to the application of educational measures, which are provided for in the very request of the collective to transfer the person to bail, also to impose on the person one or more such duties: 1) to compensate property damage caused by a criminal offense; 2) comply with the requirements established by the court regarding the performance of certain actions, restrictions on communication, movement and leisure activities; 3) referral for a probationary program. The issue of the expediency of setting a bond as an additional guarantee of compliance with the terms of the transfer of a person to bail was analyzed. On the basis of the conducted research, proposals were formulated regarding amendments to the Art. 47 of the Criminal Code of Ukraine, based on the results of a survey of 90 judges and 483 prosecutors regarding the outlined problems. Implementation of the proposed changes regarding the establishment of proper control by the state in compliance with the conditions of discharge from criminal liability based on the Art. 47 of the Criminal Code must ensure the strengthening of the differentiated educational influence on persons who are transferred to bail, the establishment of additional mechanisms for the real restoration of violated rights of a victim in terms of compensation for property damage caused by a criminal offense, and the introduction of additional guarantees of the proper fulfillment of the obligations undertaken as a person trying to prove their correction, as well as by the collective of the enterprise, institution or organization. Also, the formulated proposals will contribute to increasing the effectiveness of the researched form of public participation in the fight against criminality, as well as allow to get rid of Soviet stereotypes in the perception of such a provision of criminal law as discharge from criminal responsibility in view of admission by bail.