HISTORY OF FORMATION AND DEVELOPMENT OF THE INSTITUTE OF THE SPECIAL EXEMPTION FROM CRIMINAL LIABILITY OF IN THE TERRITORY OF UKRAINE

The article contains a comprehensive study of the history of development and the establishment of the Institute of the special exemption from criminal liability as the most important prerequisite for the formation of the present state of this institution of criminal law in Ukraine. Documentary analysis and synthesis, historical, comparison, objective truth, cognitive-analytical, and other methods were used in the course of the study. As a result of the scientific search, the main historical tendencies of the development of the institution of criminal liability exemption have been revealed, their influence on the modern criminal legislation in this field has been substantiated. The authors analyzed the historiography of the legislative consolidation of the exemption from criminal liability from the time of Kievan Rus to the current Criminal Code of Ukraine. It is established that, for the first time, norms aimed at mitigating criminal responsibility appeared in Russian Pravda. Since then, the relevant provisions have been found in all codified acts of the criminal law, constantly evolving towards the extension of the borders and grounds for exemption from criminal liability. Such a general tendency was objective and reflected even among the customs of the Ukrainian Cossacks during the time of Zaporizhzhya Sich. The current state of the institution of criminal liability exemption has become, in fact, the quintessence of historical developments in this field. Its genesis continues to this day and, according to the authors, will continue in the future with the preservation of the general tendency of the development of criminal legislation in the direction of the further embodiment of state humanism, which will be manifested in the mitigation and release from criminal responsibility under conditions and circumstances, which list will be expanded to the and complemented in future.