Larionova L.N., Gruntov I.O., Moroz D.G. Differentiating Elements of Exemption from Criminal Liability in Connection with Settlement with the Injured Party under the Criminal Codes of the Russian Federation, the Republic of Belarus and the Republic of Kaz
DOI: https://doi.org/10.15688/lc.jvolsu.2017.3.4
Larisa N. Larionova, Candidate of Juridical Sciences, Associate Professor, Department of Criminal Law, Volgograd State University, Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it.
Igor O. Gruntov, Doctor of Juridical Sciences, Associate Professor, Head of the Department of Criminal Law, Belarusian State University, Leningradskaya St., 8, 220030 Minsk, Republic of Belarus, This email address is being protected from spambots. You need JavaScript enabled to view it.
Dmitry G. Moroz, Candidate of Juridical Sciences, Associate Professor, Department of Criminal Law, Belarusian State University, Leningradskaya St., 8, 220030 Minsk, Republic of Belarus, This email address is being protected from spambots. You need JavaScript enabled to view it.
Introduction: the article deals with the comparative law analysis of the norms of the Russian Criminal Code, the Criminal Code of the Republic of Belarus and the Criminal Code of the Republic of Kazakhstan governing the exemption from criminal responsibility in connection with the settlement with the injured party, as well as the official viewpoints on the same issues reflected in the relevant decisions of the Supreme Judicial Authorities of these states. The goals and objectives are to identify the differences in the regulation of this type of exemption under the criminal laws of the Russian Federation, Belarus and Kazakhstan, to search for the best variants of their description in the law and acts of official interpretation. Methods: the main method of scientific cognition was a comparative law study; moreover, there were involved the formal logical and structural system techniques. Results: there was analyzed a system of conditions with which the legislators of Russia, Belarus and Kazakhstan associate the possibility of exemption from criminal responsibility because of the settlement with the injured party; and on the basis of the features of their description in the legislation, as well as the characteristics in the decisions of the Supreme Judicial Authorities there were identified generic, similar aspects and the “national” characteristics inherent in the relevant legal phenomenon. The attempt to determine the differentiating effect of the individual conditions for the exemption from criminal liability was made. Some of the drawbacks of the analyzed regulations were highlighted. Scope of application: it is intended for use in the legislative and law-enforcement activities, as well as in the scientific work. There were drawn the conclusions on the presence of the possibilities to enhance the differentiating potential of the conditions of exemption from criminal responsibility in connection with the settlement with the injured party in the Criminal Codes of the Russian Federation and the Republic of Belarus; it was proposed to make changes and additions to these laws and Resolution No. 19 of the Plenum of the Supreme Court of the Russian Federation.
Key words: exemption from criminal responsibility, settlement with the injured party, reparation, first offender, national legislation.
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