The Competition of the Provisions of Criminal Laws Providing for Exemption from Criminal Liability

The main aim of the work is to consider the problem of competition among types of exemption from criminal liability. Based on the analysis of provisions of the Criminal Code of the Russian Federation, materials of court practice, various points of view in other authors' research, the author forms her position on the topic. The article considers the criteria that determine the appropriateness of different grounds for exemption from criminal liability. Such criteria include: reconciliation with the victim, the obligation to pay damages or make amends, the need to pay a sum of money, surrender and assistance in solving the crime, the degree of loss of public danger in the perpetrator. The list of acts, the commission of which allows the application of certain grounds for exemption from criminal liability should also be taken into account. As a result of the research, a number of conclusions are made. (1) The main difference between the provisions of Articles 76 and 76.2 of the RF Criminal Code (in addition to the payment of a sum of money) is the role the interaction between the perpetrator and the victim plays in resolving the issue of exemption from criminal liability. The author believes that a court fine should be imposed in cases when reconciliation has not been achieved or the victim is absent. (2) The difference between a court fine and active repentance is expressed in the fact that the latter requires a mandatory voluntary surrender and (or) assistance in the disclosure and investigation of the crime (Article 75). (3) The provisions of Articles 75, 76 and 76.2 should not be seen as a proportion of general and special rules in any combination. (4) The application of Articles 75 and 76 of the RF Criminal Code shows that the person has completely lost public danger (does not need correction) and confirms this by their actions aimed at restoring social justice and repairing the harm (and (or) compensation for damage). Exemption from criminal liability in accordance with Articles 76.1 and 76.2 of the RF Criminal Code is possible if a person demonstrates a decrease in public danger, a tendency to correction. (5) The difference between the provisions of Articles 76.1 and 76.2 is due to the fact that the former applies only to perpetrators who have committed a limited (object-based) list of crimes. The author believes that these rules (Articles 76.2 and 76.1) are related as general and special, respectively.

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