Social and Legal Studios

Abstract

Competition of norms regarding different types of exemption from criminal liability may arise also within the exemption from criminal liability of a minor. A child, who has reached the age, since which he/she can be brought to criminal liability, may be released from criminal liability for the criminal offense committed, on the general grounds foreseen by Section IX (Articles 45-48 of the Criminal Code of Ukraine) as well as on special grounds, which apply only to this category of persons (Articles 97 and 106 of this Code). At the same time, the grounds for exemption from criminal liability mentioned in Articles 45-48 of the Criminal Code of Ukraine do not foresee for a minor any exceptions to the general rules. The position elucidated in the legal literature, according to which the norm on exemption from criminal liability because of compulsory measures of educational character application is considered as special to the norms on exemption from criminal liability on other grounds (and, consequently, within the competition of this norms it is offered to give preference to it), is criticized in the article. It is substantiated that if there is a possibility to apply several articles, which foresee identical preconditions and grounds for exemption from criminal liability of a minor, preference should be given to the one that contains more favorable legal consequences for the child’s interests. It is proved, that in case of competition of the articles’ norms, that foresee the types of exemption from criminal liability of a minor, the priority have those that foresee the types of exemption: a) mandatory – compared to optional; b) unconditional – compared to conditional; c) non-probationary – compared to those in which a probation period is established.

Keywords: exemption from criminal liability, minor, competition of norms, priority

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