RELEASING FROM THE CRIMINAL RESPONSIBILITY OF THOSE SUBJECTS, WHO DOES NOT FULFIL THE JUDICIAL DECISIONS, IFTHE PENALTY IS COMPLETED BECAUSE OF THE SURETY: THEORETICAL ANDAPPLIED ASPECTS

Abstract

The article is devoted to the problematic aspects of dismissing the subject of non-enforcement of a court decision from criminal liability in connection with the transfer of his bail. It is noted that the successful provision of justice in the part of the proper enforcement of a court decision can be achieved not only by applying to the subject of non-enforcement of a judicial decision on criminal punishment, but also in case of his release from criminal liability in connection with the transfer of bail. It was emphasized that the realization of this type of exemption from criminal liability in the case of a person committed a crime, as provided for in part one or two of Article 382 of the Criminal Code of Ukraine, depends on the establishment of a causal factor of its implementation, the mandatory component of which are edu- cational measures, which should not be only specified in the relevant procedural document, but also controlled by the way of their application by authorized per- sons.

Taking into account the system analysis of the aforementioned norms of the criminal law (Article 47 of the Criminal Code of Ukraine) and the criminal proce- dural legislation of Ukraine (Article 289 of the CPC of Ukraine), as well as doctrinal explanations on the grounds and conditions of their application, one can conclude that the dismissal of the subject of non-fulfillment a judicial decision from criminal liability in connection with the transfer of his bail is possible in the case of the first committing a crime provided for in Part 1 or 2 of Art. 382 of the Criminal Code of Ukraine, subject to the recognition of his guilt by its recognition in the manner pre- scribed by the CPC of Ukraine, and the mandatory availability of a petition of the labor collective of the enterprise, institution, organization, with which such a per- son is linked by labor or other kind of legal relationship. At the same time, as in the petition of the labor collective of the enterprise, institution or organization, which is sent to the court, which has made a decision to release such a person from criminal liability, and directly in the minutes of the general meeting of the labor collective of the enterprise, institution, organization, necessarily Specific measures of educa- tional nature regarding the subject of non-enforcement of a court decision should be indicated.