**Subject of the dispute:**
The subject matter of this legal dispute is the possibility of releasing a driver from criminal liability for causing a traffic accident that resulted in moderate bodily injury to the victim (Part 1 of Article 286 of the Criminal Code of Ukraine), in connection with the reconciliation of the parties pursuant to Article 46 of the Criminal Code of Ukraine.
**Main arguments of the court:**
**:** The Supreme Court, sitting as the Joint Chamber, decided to depart from the previous findings of the panels of judges of other chambers of the Supreme Court, which had previously restricted the application of reconciliation in so-called “dual-object” offenses where harm is caused simultaneously to private and public interests. The judges emphasized that Article 46 of the Criminal Code of Ukraine contains a clear and exhaustive list of conditions for release from liability, and the courts do not have the right to independently create additional restrictions that are not provided for by law. The legislator explicitly prohibited reconciliation for violations of traffic safety rules only if the driver was in a state of intoxication, whereas no such prohibition exists for sober drivers under Part 1 of Article 286 of the Criminal Code of Ukraine. The Panel established that the accused had committed a negligent non-grave offense for the first time, fully compensated for the damages, and the victim confirmed in writing the fact of reconciliation and the absence of any claims. In view of this, the court noted that compliance with the principle of predictability of the law and the rule of law requires the unconditional release of the person from liability in the presence of all statutory grounds.
**Court decision:**
The Supreme Court vacated the judgment of the court of first instance and the ruling of the court of appeals, released the accused from criminal liability in connection with the reconciliation with the victim, and closed the criminal proceedings.
