Greetings. As a lawyer with many years of experience, I have analyzed the court decision you provided. Here is a detailed analysis:
1. The subject of the dispute was the issue of the lawfulness of the lower courts’ refusal to release a driver from criminal liability under Part 1 of Article 286 of the Criminal Code of Ukraine in connection with reconciliation with the victim.
2. The court of cassation emphasized that Article 46 of the Criminal Code of Ukraine provides for the mandatory release of a person from liability upon the presence of two conditions: the commission of a negligent crime of minor gravity (not related to intoxication) and reconciliation with the victim who has received compensation for damages. The court stressed that the “dual-object” nature of the crime (violation of traffic rules) is not a lawful basis for restricting the parties’ right to reconciliation, since the law explicitly defines an exhaustive list of exceptions where such release is impossible. The court of appeal erroneously prioritized an abstract “public interest” over the clear provisions of the criminal law. The cassation court confirmed that reconciliation is an instrument of balancing interests, where the state achieves its goal through the restoration of the victim’s rights. Importantly, the court referred to the position of the Joint Chamber of the Criminal Cassation Court of the Supreme Court dated June 1, 2026, which requires courts not to establish any additional requirements other than those specified in Article 46 of the Criminal Code of Ukraine. Therefore, in the presence of a receipt for compensation for damages and the victim’s consent, the termination of proceedings is the mandatory duty of the court.
3. The Supreme Court overturned the previous judgments and closed the criminal proceedings against PERSON_7 in connection with their release from criminal liability on the basis of reconciliation with the victim.
**:** In this decision, the court refers to the legal position of the Joint Chamber of the Criminal Cassation Court of the Supreme Court dated June 1, 2026 (case No. 629/612/25), which establishes a departure from previous practice regarding the possibility of restricting the application of Article 46 of the Criminal Code of Ukraine in road accident cases with reference to “public interest.”
