ISSUES OF POSSIBILITY OF EXEMPTION FROM CRIMINAL RESPONSIBILITY IN THE CONTEXT OF THE «MINSK AGREEMENTS»

Abstract

The article discusses the possibility of adopting a law on preventing the prosecution and punishment of persons in connection with events that took place in certain areas of the Donetsk and Luhansk regions of Ukraine, provided for by the provisions in article 6 of the Minsk Protocol. The article analyzes the provisions of the criminal legislation of Ukraine, the Constitution of Ukraine, as well as other domestic normative legal acts. The article describes the fact that the purpose of the law on prevention of persecution and punishment of persons in connection with events that took place in certain areas of the Donetsk and Luhansk regions does not correspond to the principles of the Constitution. The criminal legislation separately analyzed certain institutions of criminal law elements of the corpus delict. It was found out which persons are subject to the concept of subjects of crime and made a certain conclusion regarding the release of persons involved in the events that took place in certain areas of the Donetsk and Luhansk regions. Also, the Institute of criminal law as an exemption from criminal liability was considered, and the types of crimes for which it is impossible to deprive of responsibility were clarified. Mandatory for the analysis of the Institute was to determine the range of crimes that were committed by persons who were involved in events that took place in certain areas of the Donetsk and Luhansk regions. Another institute of criminal law that was analyzed was the institute of amnesty and clemency. The article revealed the General principles for granting pardons and amnesties. It also identified entities that have the ability to apply amnesty and clemency to persons who have committed a crime. A number of international legal acts in the field of international humanitarian law were analyzed. Shortcomings and conflicts in the existing legal acts regulating relations in this sphere are revealed. The article offers a number of solutions to such problems. Besides, a number of legislative changes are proposed to overcome conflicts. Possible ways of implementing the Minsk Protocol that are not related to the adoption of a separate law are considered.