On increasing the law enforcement capacityоf the institute of exemption from criminal liability in connection with compensation for damages

This article examines the mechanism for exemption from criminal liability in connection with damage compensation. An analysis of judicial statistics concerning exemptions under Chapter 11 of the Criminal Code of the Russian Federation indicates that grounds for exemption based on active repentance and reconciliation with the victim are frequently utilized in practice. Conversely, the article highlights the inadequate practical application of the exemption related to damage compensation as delineated in article 761 of the Criminal Code of the Russian Federation. This limitation is attributed to the narrow scope of this provision, economic disadvantages, and the absence of clear criteria differentiating it from other grounds for exemption. Recommendations include contemplating legislative changes to enhance the law enforcement efficacy of article 761. Proposed adjustments involve clarifying the unique characteristics of this provision and revising the criteria for damage compensation, which may encourage a more proactive application of this basis for exemption.