Serenko R.S. —
Release from criminal liability in Russia and Germany: common trends and national peculiarities.
// Police and Investigative Activity. – 2025. – ¹ 3.
– P. 15 - 32.
DOI: 10.25136/2409-7810.2025.3.74389
URL: https://en.e-notabene.ru/pm/article_74389.html
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Abstract: The object of the study is the norms of criminal and criminal procedural law of Russia and Germany that regulate the grounds, conditions, and procedures for exemption from criminal liability, as well as the doctrinal interpretations of their socio-legal significance. Overall, the article is devoted to a comprehensive comparative legal analysis of the institution of exemption from criminal liability in the legislation of the Russian Federation and the Federal Republic of Germany. The study covers both substantive and procedural aspects of this institution, treating it as an important tool of modern criminal policy aimed at humanizing and differentiating criminal liability. The article thoroughly investigates the normative grounds for exemption from criminal liability in the Criminal Code of the Russian Federation and the Criminal Code of Germany, including aspects such as active repentance, reconciliation with the victim, expiration of the statute of limitations, as well as new provisions of Russian legislation. The methodological basis of the study is composed of comparative legal, formal-legal, and historical-legal methods, which allowed for an in-depth analysis of legislative constructions and their evolution. The scientific novelty of the work lies in the comprehensive comparison of Russian and German approaches to exemption from criminal liability, as well as in the development of proposals for improving Russian legislation based on German experience. The results of the study demonstrate that, despite a common focus on the humanization of criminal law, the institution of exemption from liability in Germany features greater procedural flexibility and a combination of substantive and procedural norms. The feasibility of borrowing certain elements of the German model to optimize Russian law enforcement is justified, particularly the introduction of mechanisms for conditional cessation of criminal cases. The article may be of interest to researchers in criminal law, legislators, and law enforcement officers dealing with issues related to the improvement of institutions for exemption from criminal liability and the humanization of criminal policy.
Serenko R.S. —
Exemption from Criminal Liability: History of the Formation and Development of the Institution in Domestic Law, Current State, and Development Prospects.
// Police and Investigative Activity. – 2025. – ¹ 2.
– P. 39 - 59.
DOI: 10.25136/2409-7810.2025.2.74293
URL: https://en.e-notabene.ru/pm/article_74293.html
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Abstract: The article examines the institution of exemption from criminal liability in Russian law, its historical evolution, and current state. This institution is considered a key element of criminal policy, ensuring a balance between the inevitability of punishment and the principles of humanism. The main object of the study is the regulatory legal acts that govern the grounds for exemption from criminal liability in domestic law. The analysis covers a wide historical period: from ancient Russian legal monuments to contemporary legal sources. The subject, in turn, is the institution of exemption from criminal liability itself, as an independent legal mechanism in its evolution, key principles, and practical significance for criminal law. This institution is examined from several aspects: normative, functional, and historical-legal. The methodological foundation of the work is a historical-legal analysis that combines comparative legal and formal-legal methods. This approach allows for tracing the continuity of legal norms, identifying the patterns of the development of the institution, and its interrelation with changes in public consciousness and government policy. The scientific novelty of the research lies in the comprehensive historical-legal analysis of the evolution of the institution of exemption from criminal liability in Russian legislation from the 11th century to the present, which has allowed the identification of four distinctly marked stages of its development and the tracing of its transformation from archaic forms of royal pardon to the modern system of differentiated legal mechanisms. Particular value is placed on the analysis of the less-studied aspects of the emergence of this institution in ancient Russian law, as well as the study of the continuity of legal approaches between the pre-revolutionary, Soviet, and modern periods. In the future, the further development of the institution is linked to adaptation to new challenges, including the digitization of crime and the transformation of economic offenses. An important task remains the search for an optimal balance between repressive and restorative measures, which requires a balanced approach from the legislator and scientific reflection on the proposed changes.
Serenko R.S., Tarikin V.K. —
The use of the results of investigative activities in prisons of the Russian Federation: features and current problems
// Police and Investigative Activity. – 2025. – ¹ 1.
– P. 83 - 95.
DOI: 10.25136/2409-7810.2025.1.73491
URL: https://en.e-notabene.ru/pm/article_73491.html
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Abstract: The subject of the research is the specifics and actual problems of using the results of operational investigative activities in prisons of the Russian Federation, including their legal regulation and their use as proves in criminal cases. The purpose of the work is to analyze the problems of using the results of the investigative activities in prisons and to develop proposals for improving this activity in the context of the functioning of prisons. The research work analyzes the current problems of using the results of the investigative activities in prisons, issues related to improving the procedure for including the information obtained in criminal evidence, problems arising in the process of investigating crimes in prisons, and makes proposals necessary to improve this activity in the context of the functioning of prisons. The results of the work indicate the existence of existing urgent problems of using the results of operational investigative activities, as well as proposals necessary to improve this activity in the context of the functioning of prisons. The methodological basis of this work is an analysis of the norms of operational investigative and penal enforcement legislation, as well as the results of routine measures and operational investigative actions carried out by correctional officers in proving criminal cases. The scientific novelty of the study lies in the fact that the following problems related to the design of security measures in prisons are revealed: investigative activities are carried out without the issuance of an appropriate resolution; without the participation of witnesses; the compliance of such investigative activities with the criminal law requirements is dubious. As a result such investigative activities within the prisons should be considered unacceptable and cannot be used in the criminal proceedings. The conclusions that were formulated in the paper are aimed at solving the problems under consideration. To do this, it is necessary, first of all, to make appropriate amendments to the Criminal Procedure Code of the Russian Federation, which will complement the existing evidence system, as a result of which the results of operational investigative activities obtained in correctional institutions can be used in criminal proceedings.