Semeniuk I. Exemption from punishment under the legislation of Ukraine and the states of European Union: a comparative characteristic

The dissertation provides a theoretical generalization and proposes a new solution to the scientific problem, which consisted in the need to study the experience of regulating exemption from punishment and its types in the criminal law of EU member states, as well as developing new ways to improve the provisions of Chapter XII of the Criminal Code. Exemption from punishment and its serving ”and Chapter XV of the Criminal Code of Ukraine“ Peculiarities of Criminal Liability and Punishment of Juveniles”. A study of the criminal laws of member states of the European Union found that release from punishment is a set of rules enshrined in national criminal law, which reflect the will of the legislator to refuse to apply or continue to serve a sentence carried out within the national criminal law. a policy based on both legal traditions and internationally recognized international legal standards. The release of a person from punishment, which by its legal nature may consist in refraining from sentencing when a person is found guilty of a criminal offense or in postponing sentencing under the criminal law of EU Member States, as well as in the imposition of a non-enforceable sentence under the conditions specified by the criminal law. The peculiarities of exemption from punishment under the legislation of Ukraine and the legislation of the Member States of the European Union are described: limited differentiation of exemption from criminal liability, exemption from punishment and exemption from serving a sentence; the presence of ideologically and substantively similar provisions, different understandings of which are due to the interpretation of the criminal law on release from probation as one's own release, as conditional termination of criminal proceedings, suspension of execution of sentence, postponement of execution of sentence; different approaches to determining individual grounds for release from punishment, etc. The types of exemption from punishment under national law and the legislation of the Member States of the European Union on the criterion of the moment of conviction are analyzed: sentencing - before the beginning of its serving; 2) the types of release from punishment that may be applied during the serving of the sentence, respectively, exclusively to the person against whom a conviction has been passed and to whom a sentence has been imposed; 3) types of release from punishment, which can be applied both to persons in respect of whom a court conviction is enforced in terms of serving a sentence, and to persons who have served a certain part of the sentence.