INSTITUTE FOR LIBERATION FROM CRIMINAL RESPONSIBILITY: SEARCHING FOR AN OPTIMAL MODEL IN THE LIGHT OF MODERNIZATION AND HUMANIZATION OF CRIMINAL LAW
Legislative regulation in the criminal code of the Institute of exemption from criminal liability and its grounds indicates the desire of the legislator to abandon the formal approach in the application of criminal law measures beyond negative liability. Criminal liability is defined as the main form of reaction to a crime, the perpetrators of a crime should be brought to criminal responsibility as a General rule. At the same time, exemption from it, if there are appropriate prerequisites and grounds, also inevitably follows from the General concept of modern criminal law. One of the most important problems of implementation of this institution is the lack of limits of exemption from criminal liability. As a result, some norms are saturated with excessive humanization, others are overloaded with inappropriate measures of a criminal law nature, and others are insufficiently meaningful. This causal complex gives rise to an ambiguous understanding of the essence of legal norms and, as a consequence, the application of some of them for other purposes. Accordingly, there is a need to adjust and improve the rules governing the grounds and procedure for exemption from criminal liability. Exemption from criminal liability in terms of its Genesis, social nature, legal nature, the relationship with the objectives and principles of criminal law is one of the most complex institutions of criminal law, and its practical implementation is fraught with many difficulties and is accompanied by a significant number of errors.