ABOUT PRACTICE OF APPLICATION OF ITEM 76.2 CC RF «EXEMPTION FROM CRIMINAL RESPONSIBILITY BY IMPOSING THE JUDICIAL PENALTY» (ON THE MATERIALS OF THE BELGOROD REGION)

In the article offered the reader the authors consider the features of the application practice of item 76.2 CC RF «Exemption from criminal responsibility byimposing the judicial penalty» by courts in the separately taken region of the Russian Federation -the Belgorod region. It is established that the law-enforcement bodies have some difficulties in determining the application possibility of item 76.2 CC RF to the separate corpora delicti. It is brought the offers on enhancement of the penal legislation and its application practice in particular it is indicated the necessity of fastening for the criminal statute the concrete list of crimes in which it is possible the exemption from criminal responsibility on a basis provided with item 76.2 CC RF. And it is also examined the questions of the criminal case termination in connection with the imposition of the judicial penalty in case of the absence of the victim and damage. According to the authors, the developed uncertainty of the application of the given law positions creates a threat of infringement of the basic principles of criminal trial -equalities of citizens before the law and the concept of justice. During the analysis of the problem questions of applyingthe considered rule of the criminal statute the authors were studyingthe scientific approaches to determining the legal nature of the judicial penalty and also the court practice of the Belgorod region.

exemption from criminal responsibility byimposing the judicial penalty, measures of the criminally-legal character, damage compensation, making up for the harm