Chernov A. A. legitimate exercise of their right as a person criminal defenses
This article explores the expediency and necessity supplement the General Part of the Criminal Code Ukraine separate circumstances precluding criminality that characterizes the legitimate activities of individuals on the proper implementation of her rights in the event of damage to the objects of criminal protection. Proved that Ukraine’s legislation on criminal responsibility should be reflected in the provisions of the legality of injury to a person in the implementation of the rights granted to it in a legal way, as opposed to one system of crimes involving responsibility for the wrongful acts of individuals in exercising their rights. At the same time, the rules of the Criminal Code of Ukraine is not reflected changes in the legal system, including ways of establishing a meaningful amount of certain rights by adopting mandatory for further use judgment. The decision of the Constitutional Court of Ukraine are required enforcement findings of the Supreme Court of Ukraine and the European Court of Human Rights (ECHR). These sources define the content of a human rights are not included in the concept of «law», but through compulsory application to be considered during the criminal legal qualifications. Therefore jurisprudence also influencing legislation on criminal liability and its complement, including in the field to determine the content of rights and freedoms and legitimate ways to implement them.
As for the impact on the determination of the content of lawful conduct individual practice ECHR note that this practice establishes the scope of rights provided for by the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, while the courts are required to apply this practice as a source of law. For example, in some ECHR judgments the discrepancy may set national law in a particular field of human rights and to question the legitimacy of its use by public authorities. Acts committed against the legislation even with the onset of significant damage may not be a criminal offense is on the ground of lack of a clear and predictable laws. To be able to establish such a conclusion on the basis of the Criminal Code of Ukraine it is necessary to consolidate a general part of the Criminal Code of Ukraine individual circumstances precluding criminality and characterizes good behavior in the face of her rights. Analysis laws of certain foreign countries has shown that similar types by legal circumstances precluding wrongfulness of the act provided for in the criminal codes of many foreign countries, including Australia, Spain, Netherlands, France, Switzerland. In Art. 32 of the Criminal Code of the Republic of Georgia stated that no illegal action is the person who committed the act under this Code under other circumstances, that although this Code does not explicitly mentioned, but it is satisfying conditions of legality of the act. Thus, the Model Criminal Code for states – the Commonwealth of Independent States recommended to fix in the list of such circumstances the «Implementation Act».
The study of the legislation on criminal liability of many foreign countries, characteristics of the legal system of Ukraine, concluded the need for regulatory consolidation in separate sections of the Criminal Code provisions Ukraine, according to which there is an offense of causing harm to legally protected interests in the commission of an act that is committed tofulfilling its rights or provided for by legislation. This will allow a general part of the Criminal Code of Ukraine into account the peculiarities of the national legal systems of the duty to respect during the criminal legal skills not only legislation but also mandatory for enforcement of judgments and promote the implementation of the principle of legality in criminal legislation of Ukraine responsibility.
Key words: human rights and freedoms, crime, exclusion of criminal responsibility, the circumstances precluding criminality, lawful behavior.
