EXEMPTION FROM CRIMINAL LIABILITY AS A FACTOR ENCOURAGING POSITIVE POST-CRIMINAL BEHAVIOR

Abstract

The article examines various aspects of the application of exemption from criminal liability as a stimulating factor for positive post-criminal behavior of a person. The author examines the problems of a legislative and law enforcement nature that arise in this area, and also suggests ways to solve them. It is proposed: to supplement Art. 44 of the Criminal Code of Ukraine with part three: "Exemption from criminal liability for corruption criminal offenses or criminal offenses related to corruption, in cases provided for by this Section, occurs only in accordance with the requirements of Article 49 of this Code"; to transfer from Art. 45 to Art. 44 of the Criminal Code of Ukraine the Note containing the list of corruption acts with the simultaneous exclusion of references to them in Articles 45-48 of the Criminal Code of Ukraine; Part 3 of Art. 111 of the Criminal Code of Ukraine shall be worded as follows: "A citizen of Ukraine shall be exempted from criminal liability if he has ceased actions to fulfill a criminal task of representatives of a foreign state or foreign organization, voluntarily notified state authorities of the committed act and contributed to the prevention of harm to the interests of Ukraine"; Part 2 of Article 114 and the proposed Part 3 of Article 330 of the Criminal Code of Ukraine shall be worded as follows; "A person who has ceased the activity provided for in Part One of this Article, voluntarily notified state authorities of the committed act and contributed to the prevention of harm to the interests of Ukraine shall be exempted from criminal liability"; from Part 6 of Article 258 of the Criminal Code of Ukraine, the reference to "cessation" of the crime shall be deleted; Part 3 of Article 263 of the Criminal Code of Ukraine to state in the previous version: "A person who voluntarily surrenders weapons, ammunition, explosives or explosive devices to the authorities shall be exempted from criminal liability for the acts provided for in parts one or two of this article."