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Принцип пропорційності як один з основоположних принципів звільнення особи від кримінальної відповідальності

Year: 2025
Type: article
Abstract: The issue of applying the principle of proportionality in the criminal law of Ukraine, particularly in the context of the institution of exemption from criminal liability, is highly relevant both in academic discourse and in the practical activities of judicial and law enforcement authorities. Despite the existence of certain theoretical developments, this topic remains insufficiently studied, especially in terms of its practical implementation in criminal proceedings. The article focuses on the analysis of the content and significance of the principle of proportionality as a fundamental element of criminal justice, which should be guided by the values of fairness, humanism, and legal certainty. The principle of proportionality requires a balance between the gravity of the offense and the severity of the criminal response. Special attention is given to the role of this principle in the mechanisms of exemption from criminal liability as a means of implementing the principles of humanizing criminal legislation. The author provides a comparative analysis of the case law of the Constitutional Court of Ukraine and the European Court of Human Rights regarding the formulation of criteria for assessing the proportionality of legal restrictions, adapting them to the needs of the criminal procedure. The study substantiates the need to introduce clear methodological tools for assessing proportionality in criminal proceedings, which would help avoid subjectivity in decision-making regarding exemption from criminal liability. The article also examines the universal proportionality test developed in legal doctrine as a potential foundation for building a systematic approach to this issue in Ukrainian jurisprudence. The conclusions are of practical importance for improving law enforcement practices and enhancing guarantees for the protection of human rights in the field of criminal justice. These approaches are also relevant in light of Ukraine’s European integration course, which requires harmonization of national legislation with European standards of justice. Moreover, the effective implementation of this principle will contribute to building public trust in the criminal justice system and reinforcing its legitimacy.
Author: Хоменко, Ю. І.
Language: English
Open Access status: green
OpenAlex ID: W7007192073
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