Special Grounds for Exemption from Criminal Liability as a Manifestation of Compromise in Criminal Proceedings (on the Example of the Russian Federation and the Republic of Tajikistan)
Journal: Правопорядок: история, теория, практика @legal-order
Section: Уголовное право и процесс
Article in issue: 2 (49), 2026.
Free access
The article explores compromise as an element of an incentive form of criminal proceedings using the example of special grounds for exemption from criminal liability (in the criminal proceedings of the Russian Federation and the Republic of Tajikistan). It is proved that despite the establishment of special grounds for exemption from criminal liability in the norms of criminal law, theirimplementation is carried out exclusively within the framework of criminal proceedings and ends with the adoption of a procedural decision by an authorized official or court. The article analyzes the social essence of compromise and its significance in the public law sphere, as well as the peculiarities of its manifestation in criminal proceedings. The concept of the “public offer” of the state as a procedural mechanism for stimulating a socially useful result of a person’s post-criminal behavioris revealed. It is concluded that compromise in the context under consideration is not a concession on the part of the state, but a tool for encouraging procedural response aimed at achieving a socially significant result and satisfying public interest in a rational manner.
Short address: https://sciup.org/14138392
IDS: 14138392 | UDC: 343.1 | DOI: 10.47475/2311-696X-2026-49-2-192-198