Monetary compensation to the federal budget as an element of the grounds for exemption from criminal liability under article 76.1 Criminal Code of Russian Federation

Introduction: the author based on the analysis of modern criminal legislation, the resolution of the Plenum of the Supreme Court of the Russian Federation dated June 27, 2013 No. 19 "On the application by courts of legislation regulating the grounds and procedure for exemption from criminal liability" (hereinafter - the resolution of the Plenum of the Supreme Court of the Russian Federation No. 19), the practice of applying the norms on exemption from criminal liability in connection with compensation for damage, legal literature considers models of encouraged behavior of the perpetrator aimed at mitigating the consequences of the committed act within the framework of Article 76.1 of the Criminal Code of the Russian Federation. The author identifies reasons for the low efficiency of compensation for damage caused by the crimes listed in part 2 of Article 76.1 of the Criminal Code of the Russian Federation, suggests exclude the provision on the requirement to pay to the federal budget monetary compensation in the amount of twice the amount of damage caused, income received as a result of a crime or losses that were avoided as a result of a crime. Materials and Methods: the methodological basis of the study is a set of general scientific and specific scientific methods of cognition: dialectical, dogmatic, semantic, formal-logical, methods of analysis and synthesis. The materials of the study were the norms of the Criminal Code of the Russian Federation, explanations of the Plenum of the Supreme Court of the Russian Federation, statistical data of the judicial department of the Supreme Court of the Russian Federation, scientific literature. Results: the author made proposals to amend the wording of Article 76.1 of the Criminal Code of the Russian Federation by excluding the requirement to pay to the federal budget monetary compensation in the amount of twice the amount of damage caused, income obtained as a result of a crime or losses that were avoided as a result of a crime.