Closure of criminal proceedings through the decriminalization of criminal offense: analysis of the decision of the Constitutional Court of Ukraine in the case regarding the presumption of innocence

The article is devoted to the doctrinal analysis of positions Constitutional Court Ukraine, set out in Decision No. 3-р(II)/2022 June 8, 2022, and formulation a proposal improve criminal procedural legislation terms introducing effective mechanisms for legal protection person whose proceedings are closed on basis Clause 4 Part 1 Art. 284 Criminal Procedure Code Ukraine practice its application.
 A number theoretical practical aspects application light forth case regarding presumption innocence were examined, particular: compliance this provision with principle innocence; delineation various grounds decriminalization an act; possible protecting rights who wishes be rehabilitated. authors defend position according which not uniform procedure fact should entail different consequences. Accordingly, closure due offense by Verkhovna Rada non-rehabilitative reason closure, rehabilitative one, because norm recognized as unconstitutional throughout existence. It noted that used legislator wording «committed person» does necessarily indicate involvement specific offense, but only states mandatory presence subject any offense.
 Directions improvement implementation remedy against whom connection offence proposed.