IMMUNITY PHENOMENON IN THE CRIMINAL LAW OF UKRAINE

Abstract

Introduction. The article analyzes the phenomenon of immunities of different categories of persons in the criminal law of Ukraine, which has not yet been researched. The legal grounds for the existence of the practice of providing state guarantees of non-applicability of liability to certain subjects who commit acts similar to criminal offenses are determined. The expediency of conducting these studies is determined by the need to improve the normative regulation of legal relations in the criminal law of Ukraine.

The purpose of the research is an attempt to specify the nature of the objectively existing phenomenon in the criminal law of Ukraine, which manifests legitimatіоn оf non-application of criminal-legal means (influence) to person, determined by the status of a person who has committed an act prescribed by the criminal law.

The research methods used in the publication combine the use of dialectical, dogmatic, comparative methods, as well as systemic analysis.

Summary of the main results of the study. Taking into account the traditional view of the process of application of criminal law, it was noted that not all actions that meet the characteristics of a criminal offense entail the application of criminal liability to a person or the application of other measures of a criminal law nature. Some participants in criminal legal relations have advantages over others. They are given guarantees that no restrictions on rights and freedoms provided for by the Criminal Code of Ukraine apply to them for any or individual actions. Such guarantees form immunities in criminal law. Some grounds for such immunities provided by international and national parliamentary law are considered. Attention was drawn to the lack of proper regulation of this issue directly in the criminal legislation. The need to supplement the criminal legislation with provisions on personal immunities is supported.

Conclusions. Immunities in criminal law can be understood as restrictions, peculiarities or prohibitions on the application of any or certain measures of criminal law influence to him due to the specifics of a person's legal status for an act that coincides in terms with a criminal offense, or failure to recognize such an act committed as a criminal offense . The state's denial of the authority to apply criminal legal measures to a person in connection with the person's immunity is a real phenomenon. In order to ensure an appropriate special regime for the implementation of criminal-law relations with the participation of persons endowed with immunity, the specified phenomenon should receive proper regulation in the legislation on criminal liability.