Exemption from criminal liability in connection with compensation for damage (article 761 of the Criminal Code)

Abstract

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.