Problems of exemption from criminal liability in connection with reconciliation with victim

Formulation of the problem. The concept of long-term Russia's social and economic development for the period up to 2020, in section 8, «The development of social institutions and social policy», as a priority calls need to establish a system of crime prevention, including «the formation and development of restorative justice mechanisms ... implementation of restorative justice techniques and procedures of conciliation». In this regard, one of the most important trends in modern criminal policy of Russia is to introduce in the criminal legislation and its implementation of a wide range of alternative ways of settlement of criminal legal conflict related to compensation for damage caused to public relations and the victims of the crime. Based on Chapter 11 of the Criminal Code, the following types (forms) of positive post-criminal behavior can be distinguished: surrender; facilitating the disclosure and investigation of a crime; compensation of the damage caused and other redressing of the damage caused by the crime; reconciliation with the victim; special types of active remorse; filing a declaration («amnesty of capital»). Specific forms of (kinds) of positive post-criminal behavior have a specific content, many aspects of which are discussed in the literature and ambiguously refers to practice law. Purpose of article. The proposed publication is aimed at formulating, based on an analysis of the legal positions of the Supreme Court of the Russian Federation, a number of specific recommendations on the criminal legal assessment of reconciliation with the victim as grounds for exemption from criminal liability. Results. The study of reconciliation with the victim it possible to identify and disclose the number of characteristic features of the release of the base from criminal responsibility: the recognition of the victims of a particular person; the voluntary nature of the victim’s declaration of reconciliation with the person who caused him harm, as well as compensation for the damage caused by the latter or other compensation for the harm; the possibility of transferring the rights of the victim.

positive post-criminal behavior, exemption from criminal liability, criminal law compromise, reconciliation with the victim