About the problems of changing the crime category by the court in case of expiration of periods

In this work, an attempt has been made to study the mechanism of joint application of the rule on the change by the court of the category of crime (part 6 of Article 15 of the Criminal Code of the Russian Federation) and the rule on the expiration of the statute of limitations (Article 78 of the Criminal Code of the Russian Federation). It was concluded that the solution to this problem, proposed by the Supreme Court of the Russian Federation in the Resolution of the Plenum of May 15, 2018 №10, is not optimal, since the Supreme Court of the Russian Federation has definitely gone beyond its powers. Several options for resolving the problem indicated in the work are proposed.