ON THE ISSUE FORMATION OF THE INSTITUTE OF THE LIMITATION PERIOD OF EXEMPTION FROM CRIMINAL LIABILITY IN UKRAINE

Abstract

The article puts emphasis on definite periods of development of the institute of a person exemption from criminal liability in connection with the expiration of the statute of limitations. Analyzing the sources of Kyivan Rus law, it was determined that during this period the foundations of the state modern institute of statute of limitations for criminal prosecution began. In that historical period the peculiarities of which were determined by the fact that the crime itself was a private revenge to the offender. It is generalized that with the further development of the institutions of state power of Kyivan Rus, revenge was limited as an inhumane measure, by establishing a certain period during which revenge was allowed with impunity. Therefore, the condition of revenge legitimacy was formed only with immediate implementation, including cohesion to the institution of self-defense. At the same time, the author agrees that the establishment of terms in the law of Kyivan Rus in some cases had the procedural preconditions inherited by the modern institution of statute of limitations. It is noted that it was typical for that period to assign the function of both an independent detection for the offender to the victim (or his relatives, in condition when the victim did not have the opportunity or his death), mainly in «hot pursuit» of the offender and the collection of evidence of guilt. It was suggested that such a detection for the victim was difficult in a financial and organizational way and minimized cases of such activities in order to identify the offender and transfer him to the princely (or community) court. Thus, there was no necessity for the direct implementation of the concept and the statute of limitations in Kyivan Rus legislation. In the period of 1919‒1991years the legislation on criminal liability of the Ukrainian SSR in the part of formation of the institute of release from criminal liability in correlation with the expiration of the statute of limitations was generalized and summarized. The developed process of transformation of prescription in criminal and criminal procedural law taking into account the principles of justice and humanism was revealed. Some stages of the development of exemption from criminal liability in connection with the expiration of the statute of limitations in the specified period are illustrated. The examined terms are differentiated according to the criteria of the type of criminal offense, the type of punishment, and in exceptional cases - taking into account the characteristics of the generic objects of encroachment. It is determined that the peculiarity of the approach to the regulation of exemption from criminal liability in connection with the expiration of the statute of limitations at the present stage of development of the legal system of Ukraine, taking into account Russia’s military aggression on our territory, as well as the development of juvenile justice. Due to this there is an anticipation of special cases of postponement of its application and an expansion of the list of grounds for non-application of the statute of limitations, as well as the provision of special cases of postponement of its application. It is concluded that the nature of the statute of limitations for a criminal offense is based on the allocation of certain periods of time by the legislator, the course of which after a criminal offense committed by a person is considered sufficient grounds to release him from criminal liability (or penalty).