LAW ENFORCEMENT OF CERTAIN PROVISIONS IN CASES OF RELEASE FROM CRIMINAL LIABILITY

Abstract

The article is devoted to the study of the application of certain provisions in cases of exemption from criminal liability.
 It is stated that the issue of law enforcement of the investigated provisions in cases of exemption from criminal liability is relevant, not only from the standpoint of implementing the basic principles of criminal punishment, but also from a praxeological standpoint of application of relevant relevant provisions of criminal law. It is established that the provisions on the release of a person from criminal liability are determined by Articles 44 – 49 of Section IX of the Criminal Code of Ukraine.
 It is proved that exemption from criminal liability is a refusal of the state to apply to a person who has committed a crime, statutory restrictions on certain rights and freedoms by closing a criminal case carried out by a court in cases under the Criminal Code of Ukraine in accordance with the Criminal Procedure Code Of Ukraine (Resolution of the Plenum of the Supreme Court of Ukraine of December 23, 2005 № 1 "On the practice of application by the courts of Ukraine of the legislation on release of a person from criminal liability"). It is also established that a person who has committed a criminal offense is released from criminal liability: a) only in cases provided by the Criminal Code of Ukraine; b) such exemption from criminal liability occurs only in cases provided by this Code; c) such dismissal is carried out exclusively by a court (Article 44 of the Criminal Code of Ukraine).
 Exemption from criminal liability is characterized by the following features: a) it does not involve state conviction of the person who committed the crime (conviction is not passed); b) no punishment is applied to the perpetrator; c) due to the absence of a conviction, a person released from criminal liability is considered to have no criminal record.
 It is proved that the general part of the Criminal Code of Ukraine provides, in particular, for the following cases of release of a person from criminal liability: in connection with effective repentance (Article 45); in connection with the reconciliation of the perpetrator with the victim (Article 46); in connection with the transfer of a person on bail (Article 47); in connection with a change of circumstances (Article 48); in connection with the expiration of the statute of limitations (Article 49). At the same time, a detailed consideration of the above cases allowed us to explore important aspects and features of their implementation.