The principle of citizens equality before the law in the context of the implementation of the criminal law norms provided in articles 76.1 and 76.2 of the criminal code of the russian federation

The article is devoted to the study of exemption from criminal liability with the appointment of a court fine and with compensation for harm from the point of view of their compliance with the criminal law principle of citizens equality before the law. The prerequisites of the study are the mixed trends in the jurisprudence of recent years related to the application of these norms through the provisions of the institution of categorization of crimes that allow changing the crime's category. The almost unlimited discretionary nature of these rules and the significantly differing positions of the courts are evident, with little correlation with the principle of citizens' equality before the law. It is concluded that the violation of the equality principle regarding the application of the norms provided in articles 76.1, 76.2 of the Criminal Code of the Russian Federation resulted in a violation of the principle of legality when designing the provisions of the Criminal Code of the Russian Federation on categories of crimes and “along the chain” leads in some cases to a violation of the principle of justice. The authors propose to exclude the right of the court to change the category of crimes. Further harmonization of judicial practice in the case of that Territory required the relevant recommendations of the Supreme Court of the Russian Federation, which would return rigorous jurisprudence to the uniform application of criminal law.