According to the content of Clause 1, Part 2, Art. 284, Part 3 of Art. 285, parts 1, 4 of Art. 286, Part 3 of Art. 288 of the Criminal Procedure Code of Ukraine, the courts of the first and appellate instances have the duty to explain to the person who is brought to criminal responsibility, that at the time of the trial or appellate review, the statute of limitations for bringing this person to criminal responsibility has expired, which is the legal basis provided for in Art. . 49 of the Criminal Code of Ukraine, to release a person from criminal liability in accordance with the procedure provided for by the Criminal Code of Ukraine, and such release is the basis for closing criminal proceedings on the basis of clause 1, part 2 of Article 284 of the Criminal Code of Ukraine, as well as the right to object to the closing of criminal proceedings on this basis and the consequences of such an objection.
- on the day of the review of the criminal proceedings by the court of appeal, i.e. before the verdict of the court of first instance enters into force, the statute of limitations for bringing such a person to criminal responsibility for the committed criminal offense has expired;
- this person did not submit to the appellate court the appropriate request for exemption from criminal liability, and the appellate court did not clarify in accordance with the provisions of Art. 285 of the Criminal Procedure Code of Ukraine to the person of the specified grounds for exemption from criminal liability and did not clarify her opinion regarding agreement or disagreement with such exemption;
- such a person, under the specified circumstances, expressed his consent in the court of cassation to release him from criminal liability on the basis of Art. 49 of the Criminal Code of Ukraine in connection with the expiration of the statute of limitations.