Exemption from criminal responsibility in connection with redress of damage (art. 76.1. of the Criminal Code of the Russian Federation) in the context of the equality principle
In connection with the introduction of amendments to the Criminal Code of the Russian Federation regarding the adjustment of the content of Art. 76.1 of the Criminal Code of the Russian Federation, the author considers the issues of the implementation of the principle of justice. Taking into account the need to ensure equal legal status of persons who have committed crimes belonging to one category, the author draws attention to the emergence of a situation of unjustified improvement in the position of some people in relation to others, when the crimes committed by them do not have fundamental differences. During the analysis of the norms of the Criminal Code of the Russian Federation, decisions of the Constitutional Court of the Russian Federation and the provisions of the criminal law doctrine, the author comes to the conclusion that it is necessary to use in the formulation of grounds for exemption from criminal liability of substantial established features that fundamentally affect the need to establish differences in the legal status of offenders, and the possibility of achieving the goals of criminal law regulation.