On the Question of the Type of Exemption from Criminal Liability of Minors
The paper based on the analysis of the norms of criminal law, judicial statistics, law enforcement and law-explanatory practice, as well as scientific sources reveals the problem of choosing the type of exemption from criminal liability when the crime is committed by a minor. It is established that in such a situation, along with a special type of release - The Application of Compulsory Measures of Educational Influence (Article 90 of the Criminal Code), general types of release are potentially applicable: in connection with settlement with the injured party, with the appointment of a court fine and with complete and active repentance (Articles 76, 76.2 and part 1 of Article 75 of the Criminal Code as appropriate). These are the ones preferred by law enforcement practice, not the special kind. Evidence is given that the question of choosing the type of exemption from criminal liability of minors should be decided on the basis of the rules developed in the doctrine, their use allowed the authors to form a theoretical model of such a choice from special to general, except for the exemption with the appointment of a court fine, which in respect of minors is inappropriate. The need to adjust the legal practice of the Plenum of the Supreme Court of the Russian Federation on the proposed model, which, according to the authors, can adjust the practice of law enforcement, is substantiated.