Принцип неотвратимости уголовной ответственности и вопросы освобождения от неё

Abstract

The article is devoted to the consideration of the implementation of the principle of the inevitability of criminal liability at the institute of exemption from criminal liability. The relevance of the topic is caused by the wide practice of applying norms on exemption from criminal liability and, as a result, the controversy that has been going on for several years in scientific area about the advisability of consolidating the above principle in the criminal legislation of Russia. The purpose of the work is to study the relationship between the principle of inevitability of criminal liability and the institution of its exemption, its implementation in the specified criminal law institute. In addition, using logical-legal, comparative-legal, structural and statistical research methods, the study analyzes various points of view of legal scholars on the
 designated problem, indicates the relationship of this principle with some other principles of criminal law in this criminal law institute. The author concludes that the criminal law institute under consideration and the above principle do not contradict each other, the former principle being a continuation of the latter. The inevitability of responsibility should be taken precisely through the prism of solving a crime, which allows to combine harmoniously the principle under the study and the institution of exemption from criminal liability in the current criminal law. In order to improve the effectiveness of the exemption of criminal liability from criminal law norms in the context of its inevitability, the article gives the author’s proposals for improving criminal law norms.