ВЗАЄМОДІЯ КРИМІНАЛЬНОГО ТА КРИМІНАЛЬНОГО ПРОЦЕСУАЛЬНОГО ПРАВА ЩОДО ЗВІЛЬНЕННЯ ВІД ВІДПОВІДАЛЬНОСТІ

Abstract

In modern conditions, the implementation of the principle of inevitability of criminal liability and punishment is rationally modified. The mechanism of criminal law regulation involves means based on the encouragement and stimulation of lawful, socially useful behavior. The purpose of the article is to establish the interaction of criminal substantive and procedural law on the release of the perpetrator from criminal liability. Realization of the set purpose provides the decision of such tasks, as: 1) definition of the legal nature of release from criminal liability; 2) outlining the preconditions, grounds and conditions of the procedural procedure for exemption from criminal liability; 3) to disclose the interaction of criminal and criminal procedural law on exemption from criminal liability. The scientific novelty of the article is that it comprehensively addresses the main issues of interaction of material and procedural criminal law aspects of exemption from criminal liability. Proposals were made to improve the current criminal and criminal procedural laws, taking into account the position of the victim on the possibility of release from criminal liability. It was concluded that the victim's position on the influence on the release from criminal liability was unreasonably limited both on the grounds of the General and Special Parts of the Criminal Law of Ukraine. Proposals are made to correct this situation by a new version of the relevant provisions of the Criminal and Criminal Procedure Codes of Ukraine.