Additional Payments to the State Budget as a Specific Condition for Exemption from Criminal Liability (Part 2 of Article 76.1, Articles 76.2, 104.4 of the Criminal Code of the Russian Federation)
Автор: Tarasova E.V.
Журнал: Правовое государство: теория и практика @pravgos
Рубрика: Уголовно-правовые науки
Статья в выпуске: 3 (81), 2025 года.
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One of the goals of criminal law is to correct the perpetrator by encouraging positive post-criminal behavior in exchange for the provision of incentives, including exemption from liability. The appearance in the Criminal Code of the Russian Federation of grounds containing requirements for additional payments to the state budget in order to receive incentives raises the question of their contradiction to the established criminal law doctrine. Purpose: to define the criminal law nature of additional payments to the state budget (monetary compensation in Article 76.1 and a judicial fine in Articles 76.2, 104.4 of the Criminal Code of the Russian Federation), acting as a condition of exemption from liability. Methods: the use of empirical methods of comparison, description, theoretical methods of formal and dialectical logic, as well as specific scientific methods (legal-dogmatic and interpretation of legal norms) in a complex allows to correlate the subject of the study with the signs of measures of criminal law impact of restorative and coercive properties, to identify and explain the true legal nature of additional payments to the budget. Results: the article establishes that the criminal legislation of the Russian Federation provides for a specific condition for exemption from liability that does not perform any restorative or punitive function; its legal groundlessness and the inadmissibility of its existence in the national system of criminal law impact are argued, since the fulfillment of this condition does not indicate the correction of the perpetrator.
Judicial fine, monetary compensation, exemption from liability, compensation for harm, criminal law impact, criminal law encouragement
Короткий адрес: https://sciup.org/142245828
IDR: 142245828 | УДК: 343.2 | DOI: 10.33184/pravgos-2025.3.11