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FACTORS CONTRIBUTING TO THE INCREASED APPLICABILITY OF THE RULE PROVIDING FOR EXEMPTION FROM CRIMINAL LIABILITY WITH THE IMPOSITION OF A COURT FINE: CRITICAL RESEARCH

The urgent task of the Russian State in combating crime at the current stage is to humanize and liberalize criminal legislation, new and existing rules on exemption from criminal liability are being introduced and improved as part of this policy. One of these new laws was the inclusion in the Criminal Code in 2016 of a provision on exemption from criminal liability with the imposition of a court fine, the four-year practice of which indicates its widespread demand.
The purpose of the paper is to identify and analyze the factors that cause a greatly increased applicability of the rule providing for exemption from criminal liability with the imposition of a court fine, their critical research, with respect to sectoral objectives.
The study is carried out using a set of methods - general scientific (induction, deduction, analysis, synthesis, systemic and structural method) and specific scientific (formal legal, sociological, statistical).
Results: on the basis of the analysis of judicial statistics and emerging judicial practice, the author identifies three main factors of the increased applicability of the rule providing for exemption from criminal liability with the imposition of a court fine, which have a negative impact on the performance of sectoral tasks: 1) inclusion in its scope of persons to whom it cannot be applied in strict accordance with the law; 2) inclusion in its scope of persons who have committed offences for which the policy of increasing criminal liability has been implemented in recent years; 3) inclusion in its scope of persons who have committed crimes whose main or additional target is human life. The author proposes original options for eliminating these factors at the legislative and law enforcement levels.