COMPROMISE CRIMINAL LAW RELATIONS (ON THE EXAMPLE OF RELEASING A PERSON FROM CRIMINAL LIABILITY IN VIEW OF RECONCILIATION WITH THE VICTIM)

Norms and institutions based on satisfying private interests have been established in public branches of law. In criminal law, the problem of the relationship between private and public principles is particularly acute, given the importance of protected relations and the special power of the state in resolving issues of criminal liability. One of the most striking examples of the expression of private principles in criminal law is the release of a person from criminal liability in view of reconciliation with the victim (Art. 76 of the Criminal Code of Russian Federation). The main attention is paid to this norm due to the uncertainty of the grounds for releasing from criminal liability and contradictory disclosure in court decisions of the conditions of releasing from criminal liability mentioned in this article. Purpose: to study compromise criminal law relations and to consider the possibilities of improving the norm of Article 76 of the Criminal Code of Russian Federation and the practice of its application, based on the compromise nature of this norm and the content of the relations regulated by it. Methods: empirical methods of description, interpretation, theoretical methods of formal and dialectical logic; specific scientific methods: legal-dogmatic and interpretation of legal norms. Results: the article concludes that it is important to leave sufficient discretion to the law enforcement officer when releasing a person from criminal liability in view of reconciliation with the victim. Discretion should be limited in the only way – by legislation. It is in the law that the basis for the decision should be defined in order to balance public and private interests and in accordance with the compromise nature of the relevant rule. Without such a basis, judicial practice will remain contradictory. In the absence of legal limits of discretion, the Supreme Court of the Russian Federation sometimes imperatively bans the application of Article 76 of the Criminal Code, which destroys the foundations of compromise in criminal law.