To the question of the constitutional presumption of innocence and the institute of exemption from criminal liability

Abstract

The article, taking into account the results of the analysis of the current legislation of Ukraine and the provisions of the doctrine of criminal law, identifies the problems of the relationship between the institution of exemption from criminal liability and the constitutional presumption of innocence. The analysis of the problem conducted in this publication allows us to support the position that the existing in the Criminal Code of Ukraine substantive legal institution of exemption from criminal liability does not contradict the presumption of innocence. However, for this purpose, its instructions should be assessed, firstly, as not included in the mechanism of criminal liability, and secondly - as an alternative to punishment measures of criminal law.
 It is established that the release from criminal liability does not refute the admission of guilt of a person, if you give him the value of official confirmation (statement) of the fact that he committed a criminal offense. It is determined that the exemption from criminal liability also concerns the problems of ensuring the rule of law in the activities of public authorities, compliance of criminal law with the principles and norms of international law, systemic coherence of various branches of the national legal system.
 The analysis of investigative and judicial practice showed that the anti-criminogenic potential of the institution of exemption from criminal liability is only partially realized, as the legislator, constructing the analyzed rules, made a number of conceptual miscalculations and editorial errors. As a result, the institution of exemption from criminal liability has significant contradictions, and some of its provisions come into conflict not only with other articles of the Criminal Code of Ukraine, but also with the rules of other branches of law. The article emphasizes that in modern criminal law the system of measures of criminal law influence is not limited (does not end) only to punishment. The Law on Criminal Liability provides for the possibility of applying to a person whose act constitutes a crime, and a number of other "tools" to correct his behavior, in particular, such as the release of this person from criminal liability on legal grounds.
 It is determined that the presumption of innocence is recognized as one of the fundamental principles of criminal justice in a state governed by the rule of law. At the same time, it is an important element of the right to a fair trial guaranteed by Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, which is part of national law by virtue of Article 9 of the Constitution - as an international treaty. However, despite its fixation in the most important international legal acts that enshrine universal standards of fundamental human rights, and the enshrinement of the Constitution of Ukraine states that in practice the presumption of innocence is often violated, as evidenced by a number of decisions of the European Court of Human Rights concerning Ukraine.