Dymytriieva T. Imposing a more lenient punishment than that provided for by Ukrainian criminal law

The dissertation proposes a solution to a problem relevant to legal science, which consists in substantiating the theoretical foundations and developing a scientific and legal characteristic of the institution of imposing a more lenient punishment than provided for by law. by defining its concept and content, characterizing the grounds for its application, as well as preparing proposals for improving the current criminal legislation of Ukraine and the practice of its application. The socio-legal conditionality of imposing a more lenient punishment than provided for by law in the criminal law of Ukraine consists in the need to achieve a balance between protecting social relations from criminal encroachments and ensuring respect for human rights and freedoms. The historical and legal analysis of the development of this institution has shown that the idea of ​​individualizing punishment and the possibility of its mitigation has deep roots in the legal tradition that was formed on Ukrainian lands. A comparative analysis of imposing a more lenient punishment than provided for by law in the criminal law of Ukraine and the criminal legislation of other states has shown that it is relevant for Ukraine to take into account the experience of other states regarding the grounds and limits of its application. Two leading legal systems were considered: the Romano-Germanic legal family and the Anglo-American legal family. The difference in the boundaries of judicial discretion was established, in some countries the court has a wider discretion, in others it is clearly limited by legislative guidelines. The study of foreign experience allows us to assess the effectiveness of different models and determine the optimal balance between legality and justice for improving domestic norms. The second section of the dissertation is devoted to the study of the legal nature and peculiarities of imposing a more lenient punishment than provided for by law in the criminal law of Ukraine. The author emphasizes that the phenomenon of the institution of imposing a more lenient punishment than provided for by law concerns both lawmaking and law enforcement. The degree of reliability of the theoretical foundation for solving many problems of both the General and Special parts of criminal law depends on its definition. A feature of the institution is the combination of assessment categories and clearly defined legislative boundaries, which are determined both by the nature and severity of the criminal offense committed, and by data about the identity of the perpetrator. The correct understanding and application of the institution of imposing a more lenient punishment than provided for by law is of fundamental importance for ensuring the unity of judicial practice. The third section sets out promising directions for the development of the practice of imposing a more lenient punishment than provided for by law in the criminal law of Ukraine. Further development of the practice of applying this institution requires a clearer normative and methodological definition of the grounds for its application. In the context of reforming criminal legislation, it is advisable to review the limits of judicial discretion, identify and eliminate conflicts, and clarify legislative formulations. It is also important to take into account modern challenges, in particular martial law and the transformation of criminal law policy. The combination of the institution of a more lenient punishment with alternative measures of criminal law influence seems promising. The development of this institution should be in the direction of increasing the predictability and validity of court decisions. The author substantiates that the absence of a normatively defined term “circumstances that significantly reduce the severity of the committed criminal offense” creates legal uncertainty. Existing legislative conflicts create difficulties in law enforcement. Analysis of judicial practice shows that at the moment there are no agreed legal approaches that would eliminate this problem at the legislative level.