The Current Issues of Exemption from Criminal Liability Under Article 78.1 of the Criminal Code of the Russian Federation

The article analyzes the theoretical and practical problems associated with the new type of exemption from criminal liability under Art. 78.1 of the Criminal Code. It examines the reasons that, in the author’s opinion, have led to difficulties in regulating the exemption from criminal liability for military personnel during mobilization, a state of war, or wartime. The article also proposes solutions to the existing contradictions. In particular, it is concluded that it is necessary to change the name of Art. 78.1 of the Criminal Code of the Russian Federation. It is also proposed to revise the list of offenses that preclude the application of the norm in question. It is necessary to define the criteria for such offenses or supplement the list with other articles of the Special Part. Additionally, the nature of the article should be changed from mandatory to discretionary this will prevent abuses of the right to exemption from criminal liability on this basis. At the same time, law enforcement should be given the ability to determine the appropriateness of applying the norm, taking into account the specifics of each case.