The Dissertation is a comprehensive and systematic scientific study of the problem of exemption from punishment due to illness, in the context of its law implementation, taking into account both the theoretical components and the practical applications.
The dissertation examines the institution of exemption from punishment due to illness as a structural element of the criminal law of Ukraine. The relevance and opportuneness of such a research are determined by the increase in the number of illnesses among convicts, both claim to be suffering from chronic and infectious diseases, as well as mental disorders of their personality. The legal regime of martial law in Ukraine actualizes the issue of the unsuitability of military personnel for military service due to their health as a basis for exemption from punishment.
The analysis of scientific developments on the topic of the research was carried out as needed, which made it possible for us to formulate the scientific newness of the work presented. The limitations of the scientific discussion and the need to update the raised issue have been established as well.
The historical retrospective of the investigated institute points to convincing signs and common regularity of the evolutionary development of exemption from punishment due to illnesses. The proposed author's periodization of the retrospective the mentioned: conditions (1845 - 1917); inception (1919 - 1960); formation (1960 - 1991, 1991 - 2001); the modern period (2001 - to the present).
Additionally, the definition of the concept of exemption from punishment due to illness, according to the provisions of the Criminal Code of Ukraine in the current version, has been provided.
The foreign experience of the legal regulation of exemption from punishment due to illness was studied. Thanks to that study, significant differences were found in the countries of the continental legal system and in the countries of the post-Soviet space due to the influence of the Model Criminal Code of the CIS. Comparative analysis of foreign experience served as the basis for further improvement of the studied institute.
Conditions, grounds, and legal consequences of all types of exemption from punishment due to illness have been determined: mental or other serious illness and exemption from punishment of military personnel due to impropriety for military service due to health issues.
The assessment is given to the Lists of diseases that serve as a basis for sending materials to the court when deciding the issues of exemption from punishment due to illness and the activities of medics authorized to specify a diagnosis: medical advisory commissions, special psychiatric expert commissions, military medical commissions, etc.
The parallel of the related criminal law institutes of exemption from punishment due to mental illness (Part 1 of Article 84 of the Criminal Code of Ukraine) and lack of judgment (Part 2, 3 of Article 19 of the Criminal Code of Ukraine), as well as the regulation of the use of coercive measures of a medical character, were drawn.
The dissertation contains a characterized description of the conditions that are usually taken into account by the court when releasing on the basis of Part 2 of Article 84 of the Criminal Code of Ukraine: the gravity of a crime committed, the essence of the disease, the nature and personal qualities of the convicted person, etc. The issues of social and household conditions were raised.
Special types of punishments for military personnel, and their particular subject status, have been singled out. The lack of a so-called "privileged position" of military personnel upon release on the basis of Part 3 of Article 84 of the Criminal Code havs been proven.
