Monetary reimbursement under Part 2 of Art. 76.1 of the Criminal Code of the Russian Federation as an element of "quasi-criminal law"

Voluntary reimbursement to the federal budget, divisible by the amount of damage, as a condition for exemption from legal liability, does not correspond the methods of criminal law regulation of social relations: both imperative, because it is not compulsory, and dispositive, as it does not correlate with the loss of social danger of the act or its perpetrator. The legal framework of the under Part 2 of Article 76.1 of the Russian Federation Criminal Code is not found in any other branch of the Russian legislation. It is envisaged by the public branch of law, but in fact it is an unprivileged private law measure with public law consequences. This measure is unlikely to be widely used in law enforcement practices. Without due criminological validity, Article 76.2 of the Criminal Code illustrates the already established attitude of the legislator to the norms of the criminal law as a "testing ground", which is indicative of a bureaucratic desire to demonstrate a striving for some reforms. In general, the establishment of a five-, and later of a twofold reimbursement (Part 2, Article 76.1 of the Russian Federation Criminal Code), as well as of a fine imposed by the court (Article 76.2 of the Russian Federation Criminal Code) in the criminal law makes it possible to register the continued tendency to build a system of "quasi-criminal law" in parallel to the system of criminal liability. It was started by the introduction of confiscation as of "a different criminal law measure", though it was not of the kind. This new system, as it is, leads to an unreasonable "ambiguity" of tasks, subject and methods of criminal law.

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