HISTORY OF ESTABLISHMENT AND DEVELOPMENT OF THE AMNESTY INSTITUTE IN UKRAINIAN LAND

Abstract

The study deals with the peculiarities of the application and the main periods of formation of the institution of amnesty in the Ukrainian lands. It is noted that in the classical modern sense, amnesty is mostly considered an act of full or partial release from criminal liability and punishment of certain categories of persons guilty of crimes and emphasizes the differences between this term and the concept of “pardon” for specific persons. It is noted that, contrary to the view that amnesty is a common practice in the post-Soviet space, it has been used since ancient times, such as in Athens and Rome (when “full forgiveness and forgetfulness” was used against Roman citizens, and by higher authorities on specific wrongdoings). actions that were considered crimes and those who committed them), and in modern conditions amnesty is applied in some Western European countries (Italy, etc.). It is pointed out that elements of amnesty have been found in Ukrainian lands since the times of Kievan Rus, and later in Ukrainian lands as part of the Polish-Lithuanian Commonwealth and the Russian Empire. It is noted that by the twentieth century. In Ukrainian lands, there was no separate institution of amnesty in the legislation, amnesty was considered an element of pardon and was not separate. The article notes that there are different views on the periodization of the formation and development of the amnesty institution in Ukraine in particular, and criminal science and law in general, and suggests that the periodization may not coincide with the existence of different state systems in Ukraine, as it should be based on scientific opinions and their implementation in regulations in force in the Ukrainian lands. The article emphasizes that during the period of independent Ukraine there is an active process of change and development of the national legal system in general and the institution of amnesty in particular.