Illegal exemption from criminal liability: problems of theory and practice of application

The article presents a study of the theoretical and practical aspects of the application of art. 300 of the Criminal Code of the Russian Federation. The subject of the study is a criminal law norm providing for liability for unlawful exemption from criminal liability. The purpose of the study is to analyze the corpus delicti provided for in Article 300 of the Criminal Code of the Russian Federation, identify existing inconsistencies and propose ways to eliminate them. The relevance of the study is due to the fact that the mechanism for protecting the interests of justice is ineffective in practice. In particular, this is due to the ambiguous definition by the legislator of the objective and subjective signs of a crime under Article 300 of the Criminal Code of the Russian Federation. The research methodology is represented by a set of general scientific and private scientific methods of cognition. The following general scientific methods of cognition are used: system-structural analysis, logical analysis of texts and judgments. The formal legal method is used as a private scientific method. The scientific novelty of the research is expressed in a comprehensive analysis of the corpus delicti provided for in Article 300 of the Criminal Code of the Russian Federation. Analyzing the objective signs of a crime, the author comes to the conclusion that the object of the crime is public relations, characterizing the activities of the prosecutor's office and the preliminary investigation to ensure the interests of the court, arising from the socio-legal purpose of justice. The subject of the crime is the decision to terminate the criminal case on the grounds specified in art. 24 of the Criminal Procedure Code of the Russian Federation. Considerable attention is paid to the problems of determining the objective side of the crime. Having analyzed the positions of scientists on this issue and the materials of criminal cases, the author points out that the release from criminal liability of a suspect or accused carried out in violation of the requirements of criminal law and criminal procedure legislation will be considered illegal. Regarding the subject of the crime, the author proposes to amend Article 300 of the Criminal Code of the Russian Federation, replacing the phrase "person conducting an inquiry" with the term "inquirer" used by the criminal procedure legislation.