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Title of Article

NEW EVIDENTIARY COMPROMISE IN THE TERMINATION OF CRIMINAL PROSECUTION AND RELEASE FROM CRIMINAL LIABILITY (PUNISHMENT) IN RESPECT OF A PERSON PARTICIPATING IN A SPECIAL MILITARY OPERATION


Issue
1
Date
2025

Article type
scientific article
UDC
343.13
Pages
114-122
Keywords
 


Authors
Markelov A.G.
Filial Vserossiyskogo gosudarstvennogo universiteta yustitsii


Abstract
The article analyzes the Federal Law of 23.03.2024 № 64-FL «On Amendments to the Criminal Code of the Russian Federation and the Criminal Procedure Code of the Russian Federation" in the context of the author's idea of the emergence of a new evidentiary compromise in the termination of criminal prosecution and exemption from criminal liability (punishment) in respect of a special subject participating in a special military operation. It is noted that these innovations are aimed at improving legal regulation and ensuring guarantees when releasing a person from criminal liability and punishment, expungement of criminal record, as well as solving certain issues of suspension of criminal cases and termination of criminal prosecution in periods of mobilization, martial law or wartime. In the course of the research attention is drawn to the problematic aspects arising in the implementation of the new procedure of application of evidentiary compromise, the author's proposals for their settlement and improvement are formulated, including by issuing a new resolution of the Plenum of the Supreme Court of the Russian Federation.

File (in Russian)