The thesis is devoted to the complex scientific research of the criminal law ensuring of the implementation of the agreement on reconciliation.
Investigation of criminal law enforcement of the implementation of the agreement on reconciliation is conditioned by the need to protect the rights and legitimate interests of the person by creating a comprehensive effective mechanism for ensuring the protection of contractual forms that are achieved as a result of reconciliation in criminal and procedural criminal legal relations.
The emphasized that the concept of criminal law protection of the agreement on reconciliation should be considered in a complex manner, taking into account interrelated criminal-law and criminal-procedural norms. The criminal law protection of the implementation of the agreement on reconciliation is considered as a guarantee, protection and protection of public relations related to the implementation of the agreement on reconciliation through the establishment of criminal liability or through preventive or encouraging interconnected criminal and legal and criminal-procedural rules.
Within the framework of the investigation of the notion and concept of the consensus on conciliation, it is justified that it is expedient to use the term «agreement on reconciliation» in the context of criminal law protection of reconciliation and the designation of its various manifestations and forms.
The necessity of creating conditions for concluding an on-line reconciliation agreement based on the results of the criminal legal conflict resolution is emphasized.
Particular attention is paid to international standards and foreign experience of criminal law enforcement of the implementation of the agreement on reconciliation.
The issue of criminal liability for failure to comply with the consensus on reconciliation as the basis of criminal law enforcement of protection was considered. Objective and subjective features of non-fulfilment of the consensus (agreement) on reconciliation as elements of the criminal offense are investigated.
Characteristics of objective features of non-fulfilment of the agreement on reconciliation as elements of the criminal offense of the proposed renewal to article 389-1 of the Criminal Code of Ukraine provides: 1) the object of a criminal offense can be characterized as follows: a) the general object - social relations in the field of justice; b) generic object - public relations in the area of the administration of justice for proper execution of the judgement, court verdict; c) the direct object of the crime - public relations in relation to the established procedure for the implementation of the agreement on reconciliation, which is approved by the judgement, the verdict of the court; an additional mandatory object - public relations in the field of protecting the rights and legitimate interests of individuals and legal entities, as well as the interests of the state; additional optional direct object - property relations; 2) the subject of a criminal misconduct is an agreement on reconciliation, the concept of which should be set out in the note to article 389-1 of the Criminal Code of Ukraine; 3) the victim under article 389-1 of the Criminal Code of Ukraine may be a person including who did not personally conclude the agreement on reconciliation, was not party to it, if the terms of such an agreement contain his (her) rights and obligations, the obligations to him (her), reflect his (her) interests, as well as when the primary crime made the offense to him (her) (physical, moral or material offense to the natural person, material offense to the legal entity); 4) the objective side of the criminal offense under article 389-1 of the Criminal Code of Ukraine is realized due to inaction in the form of non-fulfilment of the agreement on reconciliation if it resulted in causing significant harm; 5) substantial damage is considered in the context of property character. Under it, it is proposed to understand the damage if it is to cause material damage, it is considered a harm that is 100 times more than the non-taxable minimum income of citizens; 6) in the context of non-fulfilment of the agreement on reconciliation as a criminal offense, the optional features of an objective party will not have direct legal significance, but will nevertheless complement the content of the subjective part of the crime. Characteristics of the place, time of the situation, way, tools and means of committing a crime in each individual case may be taken into account by the court in the appointment of a punishment.
