Abstract
Domestic criminal legislation provides for possibility of releasing from criminal liability a person who has committed a crime of small or medium gravity for the first time, provided that he/she has reconciled with the victim and made amends for the harm caused. Comparative legal analysis shows that similar norms are found in the criminal laws of foreign states. The article discusses issues related to the possibility of terminating a criminal case in connection with the reconciliation of parties in the event that a victim is a representative of authorities. As a result of analysis of scientific positions on this issue, as well as corresponding law enforcement practice, ambiguity in approaches to its solution was revealed. The presence of certain contradictions in the area under study is also confirmed by statistical information. The author substantiates the position on the need to establish a ban on exemption from criminal liability in connection with reconciliation with the victim, if a crime is committed against justice or the order of administration, and the victim is a representative of authorities. In this case, the victim acts as an additional objective manifestation of encroachment, and therefore, reconciliation cannot eliminate the harm done to the interests of the state - the main object of criminal encroachment. In order to resolve the problem, it is proposed to amend Article 76 of Criminal Code of Russian Federation.
Highlights
The modern Criminal Code of Russian Federation, being a normative legal act containing peremptory norms in its content, has “dispositive” principles
In the criminal law of Russia, "dispositive" principles include the freedom of persons to exercise their rights, in particular the right to reconciliation (Article 76 of Criminal Code of Russian Federation Exemption from criminal liability in connection with reconciliation with the victim)
Vinokurov V.N. notes that the non-differentiation of situations of harm in the field of public security and in the sphere of exercising powers in the administration of justice and administration leads to the fact that the courts are exempted from criminal liability in connection with reconciliation with a victim in the commission of crimes under Art
Summary
The modern Criminal Code of Russian Federation, being a normative legal act containing peremptory norms in its content, has “dispositive” principles. In the criminal law of Russia, "dispositive" principles include the freedom of persons to exercise their rights, in particular the right to reconciliation (Article 76 of Criminal Code of Russian Federation Exemption from criminal liability in connection with reconciliation with the victim). Since in law enforcement there are problems of releasing a person from criminal liability in connection with reconciliation with the victim. These problems are conditioned by the variety of positions of scientists and contradictory judicial practice on this issue
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