Types Of Exemptions Research Articles

Change of situation as a basis for exemption from criminal responsibility for illegal felling, transportation, storage, sale of forest (Article 246 of the Criminal Code of Ukraine): problems of judicial practice

The article carried out a critical analysis of the judicial practice of exemption from criminal liability in connection with the change in the situation of persons who have committed a criminal offense provided for in Art. 246 of the Criminal Code of Ukraine, as a result of which existing problems in this area were identified and scientifically based ways of overcoming them were proposed. In particular, it was proven that the most common mistake made by domestic courts when acquitting persons who have committed a crime, provided for in Art. 246 of the Criminal Code of Ukraine, there is the fact that the application of Art. 48 of the Criminal Code of Ukraine is permanently justified by compensation for the damages and circumstances that should actually be considered only in the context of the individualization of criminal responsibility (such as the absence of a criminal record, sincere remorse). It is concluded that such a practice clearly does not stimulate law-abiding behavior, since in the worst case, the one who committed illegal logging «is threatened» with only full compensation for the damage caused, without serving any punishment for what he did. It is also stated that the appropriate approach is based on ignoring the obvious fact that the change of situation as a relatively objective type of exemption from criminal responsibility does not depend on the willpower and post-criminal behavior of the subject of the criminal offense. Arguments are given in favor of supporting the position of those courts that, demonstrating a principled position, instead of the usual formal approach, carefully study the existence of grounds for satisfying the relevant requests and, in particular, note that all the above-mentioned circumstances are not sufficient by themselves and cannot convincingly testify about a change in the situation and a person’s loss of social danger to such an extent that it makes it impossible for him to commit another criminal offense. Key words: criminal responsibility; exemption from criminal liability; punishment; change of situation; illegal felling, transportation, storage, sale of forest; contrition; post-criminal behavior; losses; compensation for damages; public danger.

Exemption from Criminal Liability and Punishment in Connection with Entry into Military Service: Consequences for Victims of Crime

The relevance of the study is due to the fact that human resources are involved in the resolution of international conflicts . In the Russian Federation, persons suspected, accused and convicted of committing crimes are sent to military service to participate in hostilities . This process is legitimized by the norms of federal legislation . On June twenty-fourth, 2023, the Federal Law No . 270-FZ “On the Specifics of Criminal Liability of Persons involved in a special military operation” was adopted . Federal Law No . 64-FZ has recently entered into force “On Amendments to the Criminal Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation”, adopted by the State Duma on March 19, 2024 to regulate in these codes the specifics of the exemption from criminal liability of persons called up for military service on mobilization or in wartime .Research hypothesis: a new type of exemption from criminal liability and termination of criminal prosecution may negatively affect the interests of other persons - victims, their legitimate rights and interests may be negatively affected . In general, the criminal background may worsen, and trust in the state may decrease .Purpose: to provide a scientific forecast of the consequences of legislative changes related to the suspension, termination of criminal prosecution, exemption from criminal liability and punishment in connection with conscription during mobilization or during wartime, or the conclusion of a military service contract during mobilization, during martial law or during wartime .

The Role of the Institute of Exemption from Criminal Liability in Ensuring Ecocriminological Security

The paper is devoted to the study of ensuring ecocriminological security in the field of using the potential of the institute of exemption from criminal liability of persons who have committed environmental crimes. The author’s conclusions are based on statistical data concerning the grounds for criminal cases dismissals for the period from 2018 to 2022 and judicial practice concerning application of different types of exemption from criminal liability to persons who have committed environmental crimes. The paper examines the features of the application of certain types of exemption from liability. The author examines a shift in emphasis in law enforcement to the use of a judicial fine as opposed to the current trend towards the restrictive use of a fine in the form of punishment against the persons in question due to their personality characteristics that prevent the restriction of their property sphere. The author highlights the existence of ambiguous approaches of courts to establishing the grounds for the application of exemptions from criminal liability of persons who have committed environmental crimes. The tendency to absorb active repentance by a judicial fine has been revealed. It is concluded that there are no grounds for stating reconciliation with the victim in relation to environmental crimes. The author focuses on the established model for redistributing the frequency of use of certain types of exemption while maintaining the average annual number of discharged persons. The established practice of applying the institution of exemption from criminal liability of persons who have committed environmental crimes lacks uniformity in the interpretation of the grounds for its application. The problem of practical use of the humanistic approach of securing a safe environment from criminal influence requires in-depth theoretical understanding and development of a strategy for the development of this approach. Expansion and improvement of the practice of using non-repressive methods of influence is acknowledged as a promising direction for ensuring ecocriminological safety, if the effectiveness of law enforcement practice in this area is increased.

Measures of a criminal legal nature, which are applied for criminal offences that encroach on pharmaceutical activity, outside the limits of criminal responsibility

The article deals with the measures of a criminal legal nature, which are applied for criminal offences that encroach on pharmaceutical activity, outside the limits of criminal responsibility.
 In the opinion of the author, such measures of a criminal legal nature are beyond the scope of criminal responsibility, such as: exemption from criminal responsibility; restrictive measures applied to persons who have committed domestic violence; coercive measures of a medical nature; coercive educational measures; forced treatment; special confiscation; measures of a criminal legal nature against legal entities.
 Attention is focused on the fact that clarifying the specifics of the application of some of these measures is directly related to the implementation of the norms of the Criminal Code of Ukraine, which provide criminal legal protection of pharmaceutical activity in Ukraine. After all, the relevant norms of the Special Part of the Criminal Code of Ukraine provide for special types of exemption from criminal responsibility (Part 4 of Art. 307, Part 4 of Art. 309, Part 4 of Art. 311, Part 5 of Art. 321, Part 4 of Art. 321-1 of the Criminal Code of Ukraine), and the definition of the concept of special confiscation in Part 1 of Art. 96-1 of the Criminal Code of Ukraine directly includes its application for certain types of the mentioned criminal offences.
 The article considers the specifics of the application of special confiscation (in particular, for such types of criminal offences that encroach on pharmaceutical activity and are provided for in Parts 2-5 of Art. 134, Art. 138, 142, 305, 306-308, Parts 2, 3 of Art. 309, Art. 312, 314-317, 320, 321, 321-1, 321-2, 322, Parts 2-4 of Art. 323, 324 f the Criminal Code of Ukraine).
 The author paid special attention to the specific content of the prerequisites and grounds in the legal constructions of special types of exemption from criminal responsibility provided for in Part 4 of Art. 307, Part 4 of Art. 309, Part 4 of Art. 311, Part 5 of Art. 321, Part 4 of Art. 321-1 of the Criminal Code of Ukraine.
 The author substantiates the relevance of the application of criminal-legal measures against a legal entity for the commission by an authorized entity of a legal entity on behalf and in the interests of this legal entity of criminal offenses provided for in Art. 142, 306, 307, 311, 312, 320, 321, 321-1, 321-2, 322 of the Criminal Code of Ukraine.

Release from the criminal liabilty for crimes related to criminal influence

The article is devoted to the study of the types of exemption from criminal liability for crimes related to criminal influence provided for by the Criminal Code of Ukraine, as well as the regulation of this issue in the draft of the new Criminal Code of Ukraine. It was found that international acts do not establish the obligation of Ukraine to define in its legislation the cases of exemption of a person from criminal liability for committing the specified crimes, but they provide such opportunity. The application of general types of exemption from criminal liability provided for by the Criminal Code of Ukraine for the mentioned crimes is impossible, except for exemption due to the expiration of the statute of limitations. Special types of exemption from criminal liability provided for in the new version of Art. 255 and Art. 255-2 of the Criminal Code of Ukraine, cannot be applied for these crimes either, however, one of the grounds for their application is, in particular, active assistance in the investigation of crimes related to criminal influence. In the draft of the new Criminal Code of Ukraine, developed by the Working Group on the Development of Criminal Law as a part of the Commission on Legal Reform, exemption from criminal liability is not foreseen as a criminal legal remedy in general. However, a literal interpretation of the provisions of the Draft allows considering the provisions of Art. 3.4.2 on exemption from punishment as a partial exemption from criminal liability. At the same time, in relation to a person exempted from punishment, a guilty verdict is issued by court, and he is considered to be on trial. Based on the conducted research, proposals were developed regarding the possible improvement of the grounds for the application of special types of exemption from criminal liability, provided for in Part 6 of Art. 255 and Part 2 of Art. 255-2 of the current Criminal Code of Ukraine, as well as additions to Art. 3.4.2 of the draft of the new Criminal Code of Ukraine as a basis for the application of the exemption of a person from punishment for participating in a gathering of representatives of organized criminal groups.

Compensation for Damage or Compensation for Damage Caused By a Crime, as a Sign of a Court Fine

The problematic aspects of compensation for damage or making amends for the harm caused by the crime are investigated as one of the basic signs of the type of exemption from criminal liability in the form of a court fine. As a result, the author formulates and substantiates the concepts of compensation for damage and compensation for damage caused by a crime, in relation to the category of a court fine. The article analyzes the judicial practice and the elaboration of this problem in the scientific literature. Relevant conclusions and proposals have been formulated.

Concepts and types of exemption from criminal responsibility

Concepts and types of exemption from criminal responsibility

On the Issue of Special Types of Exemption from Criminal Liability in Cases of Bribery and Commercial Bribery

The article concerns the modern problems of the legislative regulation and the practice of enforcing special types of exemption form criminal liability for bribery and commercial bribery, which are among the most common crimes of corruption. The study is relevant because the existing anticorruption measures are mainly of declarative character, they do not have any considerable influence on reducing the level of corruption crimes, that already affect national security. The author stresses the danger of corruption crimes, which in a number of cases have a direct impact on state security, and the necessity of improving the criminal legislation by designing clauses that stimulate the participants of corruption acts to demonstrate correct post-criminal behavior. The goal of the research was to obtain new knowledge on these problems and then use it to develop suggestions for improving criminal legislation in the part that concerns regulation of special types of exemption from criminal liability in the notes to the corresponding articles of the Special Part of the Criminal Code of the Russian Federation. The tasks of the research were to single out and examine problems of incorporating special types of exemption from criminal liability for bribery and commercial bribery into criminal law, as well as to form scientifically grounded suggestions for solving such problems to improve the effectiveness of the institute of exemption from criminal liability in view of its use for cases of specific types of corruption crimes. The author used the general dialectic method, as well as other methods, including formal-logical, statistical, sociological, comparative legal, prognostication and legal modelling methods to examine the research object, which included the current legal legislation, the theoretical works of Russian and foreign scholars, the Explanations of the Plenary Sessions of the Supreme Court of the Russian Federation and current court practice reflecting the specifics of regulating and enforcement of the abovementioned criminal law institute. The conducted study allowed the author to formulate well-grounded conclusions and to develop suggestions contributing to the development of the criminal law doctrine in the part concerning the understanding of its socio-legal essence, meaning, existing problems and possible direction of improving the institute of exemption from criminal liability for special types of such exemption in cases of bribery and commercial bribery.

Российская и англо-саксонская модели ювенальной юстиции: возможности взаимодействия

Children are seen as objects of increased protection. Therefore, they cannot be subjected to the same criminal-repressive methods as adults. As a rule, minors belong to the sphere of juvenile justice. The Anglo-Saxon legal model of juvenile justice is the closest to the Russian one in terms of methods of legal regulation. Its experience may help to improve the Russian juvenile legal system to make it reflect the national legal realities. According to the Anglo-Saxon juvenile justice, young offenders face either punitive measures created specifically for them or those that apply to adults. The criminal code of the Russian Federation uses the same approach. In the Anglo-Saxon system of juvenile justice, the main types of exemption from criminal punishment involve probation, parole, and restitution. They differ from those stipulated by the Criminal Code of the Russian Federation as they possess a greater degree of individualization. In some cases, these tailored measures can be applied to minors under 21 years old.

Exemption from criminal liability in connection with active repentance

The priority direction of improving the criminal legislation of the Republic of Kazakhstan is to ensure a balance of “punitive, restorative and preventive means of criminal law regulation”. The authors comprehensively investigated the content of the norm on exemption from criminal liability in connection with active repentance, which occupies a central place in the domestic concept of restorative justice. The study was conducted on the basis of the dialectical method of cognition of social processes, using formal legal, historical-legal, comparative-legal methods, the method of structural-system analysis. In the course of the study, the scientific works of Kazakh and Russian scientists, the current criminal legislation were studied. The main part of the article traces the history of the legal regulation of active repentance under the Criminal Code of the Kazakh SSR of 1959, the Criminal Code of the Republic of Kazakhstan of 1997 and 2014. The essence of active repentance is determined, the legal nature is revealed, the objective and subjective grounds and conditions fixed in the law are analyzed, the procedure for applying exemption from criminal liability in connection with active repentance is shown, the legal and social significance of this type of exemption from criminal liability is shown. The correlation of general and special norms providing for the possibility of exemption from criminal liability in connection with active repentance is carried out. The institutions of voluntary renunciation of a criminal offense and active repentance are differentiated. Based on the evaluation of the results of theoretical research and current legislation, conclusions are formulated regarding the incentive-stimulating potential of the norm on exemption from criminal liability in connection with active repentance.

COURT PRACTICE OF APPLICATION OF CRIMINAL LEGAL MEASURES FOR IMMEDIATE COMMITMENT OF A CRIMINAL OFFENSE

The article analyses the judicial practice of applying criminal-legal measures for the indirect execution of a criminal offense. It has been established that the courts take into account the fact of indirect execution of a criminal offense when characterizing the person of the culprit and determining his social danger, namely, appoint a more severe punishment from the list of alternatives or appoint a punishment above the lower limit. At the same time, the courts quite often exempt such persons from serving a probationary sentence. At the same time, general types of exemption from criminal liability are practically not applied. This is due to the fact that, in the vast majority, intentional acts are committed in this way - minor crimes, while the condition for applying many types of exemption from criminal liability is the commission of a careless minor criminal offense. Most often, the courts classify cases of the commission of a criminal offense by means of indirect execution using a minor under the relevant article of the Special Part of the Criminal Code of Ukraine and under Art. 304 of the Criminal Code of Ukraine as the involvement of minors in criminal and illegal activities. However, quite often it is also taken into account as a circumstance that aggravates the punishment, which is very controversial. In some cases, in the case of indirect execution of a criminal offense using a minor, the courts may consider this only as a circumstance that aggravates the punishment. In cases where a minor who is involved by a criminal in the performance of the objective side of the act understands the real nature of his actions, certain coercive measures of an educational nature can be applied to such a person. Such measures of a criminal legal nature, such as coercive measures of a medical nature, coercive treatment, or coercive measures of an educational nature in the case of indirect execution of a criminal offense do not have any differences from the general procedure for applying these measures to the guilty person.

The peculiarities of exemption from punishment for individuals who have made public calls to commit a terrorist act

The article is a study of the peculiarities of exemption from punishment for individuals who have made public calls to commit a terrorist act. Specifically, it was established that a terrorist act involves violent activities or violence carried out with the intention to instill fear, panic, threaten lives, health, and safety of people, or to intimidate by using civilians as human shields or armed means. Terrorist acts are usually aimed at achieving political, religious, ideological, or social goals and can be perpetrated by individuals, groups, or organizations. The criminal responsibility for committing a terrorist act is governed by Article 258 of the Criminal Code of Ukraine.Furthermore, the article specifies that the crime defined in Article 258–2 of the Criminal Code of Ukraine, «Public Calls to Commit a Terrorist Act,» is characterized by the special intent of disseminating materials inciting terrorist acts. According to Article 258–2 of the Criminal Code of Ukraine, those who make public calls to commit a terrorist act may face not only imprisonment but also corrective labor or arrest.The study concludes that a systemic analysis of general types of exemption from criminal liability, as provided in Articles 45–49 of the Criminal Code of Ukraine, allows for their application to individuals who have committed terrorist offenses. Thus, the provisions for exemption from criminal liability based on personal surety (Article 47 of the Criminal Code of Ukraine) and exemption due to a change in circumstances (Article 48 of the Criminal Code of Ukraine) can be applied to individuals who have been involved in committing a terrorist act (Part 1 of Article 258–1 of the Criminal Code of Ukraine) and those who have made public calls to commit a terrorist act (Article 258–2 of the Criminal Code of Ukraine).Consequently, legislative compromise regarding terrorist offenses represents a special form of criminal law impact. Within the realm of criminal law regulation of specific forms of exemption from criminal liability for committing terrorist offenses, there are ongoing scientific discussions, which discern the rational basis of scientific assertions, enabling a more rational implementation of legislative compromise concerning these crimes.

ФІКЦІЯ ЗАКОНУ УКРАЇНИ ПРО КРИМІНАЛЬНУ ВІДПОВІДАЛЬНІСТЬ

Such components of a specific criminal punishment as life imprisonment are examined in the article. To this day, the issue of the application of parole to life imprisonment convicts remains opened and there are lively discussions among theoreticians and practitioners on the feasibility of introducing this institution to life imprisonment convicts. The article analyzes the different views of different lawyers who insist on changes in the legislation, proving the ineffectiveness of the existing legal norm in their scientific papers regarding pardoning the lifelong convicts by the decree of the President of Ukraine, and they insist on the expediency of introducing a conditional early release. There are other opinions of scientists who are categorically against it and they believe that under today’s correction of Art. 81 of the Criminal Code of Ukraine, the court cannot resolve such an issue even after pardoning the convicted person and replacing life imprisonment with imprisonment for a certain period of time. Moreover, the expediency of applying this type of exemption from serving a sentence to persons sentenced to life imprisonment is denied. The author presents the well-founded position on this issue. The proposed innovations of the law on criminal liability may lead to an incorrect legal construction of a legal norm, a misinterpretation of a criminal legal norm, to fiction. The use of fiction in criminal law is that they serve as means of implementing the policy of the legislator. Criminal-legal fiction is a technical-legal technique used by the legislator in the norms of the Criminal Code of Ukraine, with the help of which criminal and legal relations are organized and established, which are expressed in the recognition of non-existent facts as existing ones and vice versa, in order to simplify the interpretation of certain phenomena. Key words: life imprisonment, isolation, Constitutional Court of Ukraine, criminal law, pardoning, parole, fiction.

Exemption from criminal liability in connection with compensation for damage (article 76<sup>1</sup> of the Criminal Code)

Subject of research: the norms of Russian criminal legislation regulating exemption from criminal liability in connection with compensation for damages, materials of judicial practice, the work of specialists devoted to the topic of the study.
 Purpose of research: to develop scientifically sound proposals for improving the criminal law in terms of determining the types of exemption from criminal liability.
 Methods and objects of research: the research is based on the dialectical method of cognition, the formal legal method, as well as methods of analysis, synthesis, induction and deduction. The object of the study is social relations arising in connection with the exemption from criminal liability on the basis of Article 761 of the Criminal Code.
 Main results of research: author comes to the conclusion that Article 761 of the Criminal Code is built in violation of the rules of legislative technique, does not have a sign of consistency and each part of it (including the name) requires serious adjustments, which calls into question the very fact of its existence, proposes to exclude it from the criminal law, which will remove a number of disagreements in the theory of criminal law, which will remove a number of disagreements in the theory of criminal law, stabilizes the Criminal Code from rhe point of view of consistency, eliminating the rauncancy of legal regulation.

Analyzing and evaluating the effects resulting from the application of the tax incentives policy at the macroeconomic level

Tax incentives have multiple policies, including tax exemption, accelerated depreciation, investment allowances (tax deduction, additional depreciation), tax discriminatory rates and other policies that are linked to tax rates. The tax exemption includes two types of exemptions, social exemptions and economic exemptions, which in turn are divided into two types, exemptions to prevent double taxation, and incentive exemptions that work to attract and provide investments and direct them towards the projects targeted in the economic plans. Specific exemptions for a certain number of years or are absolute exemptions. As for the policies of investment allowances, they are policies that result in either reducing the tax debt itself or reducing the taxable base, and the amount of the reduction is linked to a percentage of the volume of investments in investment projects. Objectives of the economic development plan.

Amnesty as a Special Type of Exemption from Criminal Liability

Amnesty as a Special Type of Exemption from Criminal Liability

Judicial fine as a means of ensuring sustainable state development

The article states that sustainable development of the state requires a balanced policy, including criminalisation, decriminalisation of acts, penalisation, depenalisation as well as prosecution, non-criminalisation. That is why the authors targeted one of the types of exemption from criminal liability, the imposition of a court fine, which is relatively new and causes certain difficulties in its application in practise. The purpose of the study is to identify controversial provisions of the criminal law in relation to the regulation of court fines and, on the basis of this, to develop recommendations aimed at eliminating the identified deficiencies of the legislation. The work is based on such methods as system analysis, formal-legal, comparative-legal, statistical and concrete-sociological. Having examined in detail the conditions of exemption from criminal liability in connection with the imposition of a court fine, the authors draw attention to the fact that a number of points require specification, including the terms of payment of a court fine, the definition of its lower limit, etc. They also express their disagreement with the position of the Supreme Court which allows a broad interpretation of the law. Therefore, courts must find out the reasons for nonpayment of the court fines before cancelling the fine and bringing a person to criminal responsibility. On the whole, assessing positively the introduction of a rule allowing for exemption from criminal liability in connection with the imposition of a court fine, they conclude that only a deliberate use of this type of exemption from criminal liability will contribute to the sustainable development of the Russian state, which requires adjustment of the criminal law in terms of regulation of the court fine, as well as some positions of the Russian Supreme Court.

About the compulsory measures of educational influence as a special type of exemption from criminal liability

About the compulsory measures of educational influence as a special type of exemption from criminal liability

EXEMPTION FROM CRIMINAL LIABILITY WITH A JUDICIAL FINE: REVIEW OF JUDICIAL PRACTICE

The article is devoted to the consideration of one of the types of the institution of exemption from criminal liability - with the appointment of a judicial fine. The analysis of some types of crimes for which judges stop criminal cases with the appointment of a judicial fine is carried out. Errors were revealed in the decision-making by judges when terminating criminal cases on the considered type of exemption from criminal liability. According to the author, the interests of justice lie not only in sending the criminal case to court, but also in restoring the relations violated by the crime, in compensating the victim for the harm caused. At the same time, it is necessary to take into account the social danger of the committed crime and the personality of the perpetrator.

Vydy zvilnennia vid pokarannia za zakonodavstvom Ukrainy ta zakonodavstvom derzhav Yevropeiskoho Soiuzu

A comparative analysis of the criminal legislation of Ukraine and the member states of the European Union regarding exemption from punishment is carried out. Types of exemption from punishment are defined. The main areas of improvement of the legislation of Ukraine on criminal liability in the specified area are outlined. Emphasis is placed on the problems that may arise at various stages of the implementation of criminal liability, the imposition of a sentence on a convicted person and its execution. The criminal-legal consequences of establishing these facts are regulated by the criminal laws of both Ukraine, in particular within the framework of the institutions of exemption from punishment and its serving, and the laws of foreign countries. A literary review of national and foreign legal literature is carried out regarding the division of exemption from punishment into types and the basis of various criteria is investigated, including: the degree of proximity of the punishment to the person who committed the criminal offense; degree of mandatory application of exemption; presence of special duties of the convicted person; according to the legal facts with which the legislator connects exemption from punishment and its serving; criterion of conditionality/unconditionality of further behaviour of a person released from punishment. It is indicated that, taking into account the variety of types of exemption from punishment established in the provisions of national criminal laws, it can be stated that the most successful criterion for their classification is the stage of the court proceedings at which they can be applied, namely, depending on the decision regarding the person of the guilty verdict. It is emphasized that the legislation of the EU states provides for various types of exemption from punishment, which can be applied to a person against whom a guilty verdict has not been passed and, accordingly, no punishment has been imposed, and only one of them is provided for in the Criminal Code of Ukraine: this exemption from punishment in connection with the statute of limitations of criminal liability (Part 5 of Art. 74 of the Criminal Code of Ukraine). At the same time, it is advisable to pay attention to different normative and legal assessment of the same circumstances.