EXEMPTION FROM PENAL LIABILITIES: SOCIAL AND LEGAL CONDITIONALITY, SOME PROBLEMS OF REGULATORY CONTROLS OF ACTIVE REPENTANCE

The relevance of the work is determined by the fact that taking into account the nature and gravity of the offence and of the person, the principles of Justice, humanism, reasonable sufficiency of criminal repression happens to be more efficient and useful to society do not apply and release the person first commits minor offence or a moderately serious criminal responsibility. Ostupivshijsja people sometimes has an inner need to make amends for the harm caused. The embodiment of this in reality deserves indulgence, provide a basis for consideration of the question of exemption from criminal responsibility. Conclusions and suggestions. The survey results show that for 66% of respondents if they would have found themselves in the role of victims of crime, it is preferable to obtain reparation and compensation of moral harm, rather than pursue the culprit. Conclusion that the existence of the Criminal Law Institute of exemption from criminal liability is socially determined. Proposals to improve the Church. 75 of the criminal code. It is proposed to supplement its provisions, according to which establish that the motives of the effective remorse do not affect the solution to the question of exemption from criminal responsibility and compensation for material damage and mitigating other ailment can be made directly by the accused or at the request of any other person or legal entity, on a voluntary basis. Practical value. The basic provisions of work, conclusions and recommendations are important for further improvement at the legislative level, the Criminal Law Institute of exemption from criminal liability in General and its integral component-in connection with active repentance, as well as for law enforcement. They are aimed at ensuring the positive trends in the area of combating the criminalization of social relations and mitigate the socio-psychological tension in society.

уголовный закон, освобождение от уголовной ответственности, деятельное раскаяние