CONDITIONS FOR COMBAT IMMUNITY IMPLEMENTATION

Abstract

The article examines the peculiarities of the institute of combat immunity implementation. When conducting a dogmatic study of combat immunity, priority was given to the use of a comparative method (comparing with Article 2.9.11 of the draft Criminal Code of Ukraine (CC)). It was established that the issue of legal regulation and enforcement of combat immunity is not new for the legislation and judicial practice of the leading countries of the world. The research substantiates that the current regulatory version of combat immunity does not allow to apply it effectively. It has been established that the combat immunity provided by the current legislation is committed by action. The carried out scientific analysis proved that during law enforcement it would be important to assess what information is available to the subject of combat immunity, its reliability, completeness, since all this in complex can affect the effectiveness of decision-making. There is no doubt that combat immunity should be implied in a professional duty in order to defend the Ukrainian state, its independence and territorial integrity (duty of military service for foreigners and stateless persons and military duty for citizens of Ukraine as well). It has been proposed and proven hypothesis that the immunity provided in Art. 43-1 of the Criminal Code should apply to the civilians who exercise their right to repel and deter armed aggression by the Russian Federation and/or other states. The conducted study of the legal regulation of combat immunity has testified to the presence of certain shortcomings in determining its legal nature and individual features. The author has made certain suggestions for their elimination. In particular, the revision of the new criminal law article 43-2 “Combat immunity” of the Criminal Code has been proposed.