The genesis of pardon in Ukraine and the European Union Member States

This article is devoted to the historical and legal study of the origin and evolution of the institution of pardon in Ukraine and the European Union Member States. The author analyses the emergence of pardon in ancient Rome, its social and political role. The author points to the existence of three main forms of pardon in the Roman Empire: abolition, intercession and indulgence. The author emphasises the impact of the reception of Roman law and the growing role of the Roman Catholic Church on the establishment of the right of pardon as an element of the absolute power of the monarch in medieval Europe. Attention is drawn to the established tradition of pardoning convicted persons on the occasion of significant religious or state events. The author points out that the right to pardon is legally enshrined in the legislative collection ‘Siete Partidas’ in the Kingdom of Spain and to the modern subjects of pardon in the said State. The author analyses the evolution of the pardon procedure, in particular, with regard to the participation of not only the head of state, but also other subjects, including the Minister of Justice, in order to ensure a greater level of political neutrality. The features of pardon in medieval Italy, the transfer of this right from the city councils to the monarch along with the establishment of the seigniorial regime are highlighted. The author also describes the practice of using pardoning charters and letters in medieval France, Portugal, the Netherlands, Luxembourg, Belgium and Italy. The article outlines the stages of development of the legal institution of pardon in the Ukrainian lands during the times of the Grand Duchy of Lithuania, the Polish-Lithuanian Commonwealth, and the Cossack Hetmanate. The paper analyses the procedure for granting pardons in Ukraine during the Soviet occupation, namely, the vesting of this right not in a sole head of state, but in a collective body - the Presidium of the Verkhovna Rada of the Ukrainian Soviet Socialist Republic. The article highlights the right to pardon granted to the President of Ukraine after the restoration of independence, which is enshrined in the Constitution of Ukraine. The author reveals the special role of the institution of pardon for persons sentenced to life imprisonment.