Grounds for exemption from punishment (2017)

Grounds for exemption from punishment: social and legal nature, concept, efficiency problems (2017)

Table of contents

Introduction 3
Chapter 1. Conditional conviction as the grounds for exemption from punishment 5
1.1. Criteria for the classification of conditions of exemption from punishment 5
1.2. Contingency and its application 8
Chapter 2. Problems of judicial practice of exemption from punishment 12
2.1. Exemption from punishment due to a change in the situation 12
2.2. Exemption from punishment due to illness 22
Conclusion 34
References 36

List of used sources

Normative legal acts

1. The Constitution of the Russian Federation of December 12, 1993 (as amended on July 21, 2014 No. 11-FKZ) // Rossiyskaya gazeta. - 2009. - № (7) 4831. - 21 jan.
2. Criminal Code of the Russian Federation of June 13, 1996 No. 63-FZ (as amended on July 6, 2016 No. 375-ФЗ) // Collected Legislation of the Russian Federation. - 1996. - № 25. - Art. 2954.
3. The Penal Code of the Russian Federation dated January 8, 1997 No. 1-FZ (as amended on November 28, 2015 No. 358-FZ) // Collected Legislation of the Russian Federation. - 1997. - № 2. - Art. 198.
4. Criminal Procedure Code of the Russian Federation of December 18, 2001 No. 174-ФЗ (as amended on July 6, 2016 No. 375-ФЗ) // Collected Legislation of the Russian Federation. - 2001. - № 52 (1 h.). - Art. 4921.
5. Federal Law of the Russian Federation of December 13, 1996 No. 150-FZ “On Arms” (as amended on July 6, 2016 No. 374-ФЗ) // Meeting of the legislation of the Russian Federation. - 1996. - No. 51. - Art. 5681.
6. Decree of the Government of the Russian Federation of July 21, 1998 No. 814 "On measures to regulate the circulation of civilian and service weapons and ammunition thereto on the territory of the Russian Federation" (as amended on May 6, 2015 No. 438) // Collected Legislation of the Russian Federation . - 1998. - No. 32. - Art. 3878.
7. Decree of the Government of the Russian Federation of February 6, 2004 No. 54 "On medical examination of convicts submitted for release from punishment due to illness" (ed. September 4, 2012 No. 882) // Collected Legislation of the Russian Federation. - 2004. - № 7. - Art. 524.
8. Order of the Ministry of Health of the Russian Federation and the Ministry of Justice of the Russian Federation of August 9, 2001 No. 311/242 “On exemption from punishment of convicts sentenced to imprisonment in connection with a serious illness” (as amended on November 1, 2002 No. 329/297) // Bulletin of the Ministry of Justice of the Russian Federation. - 2001. - № 11.
9. Order of the Ministry of Health and Social Development of the Russian Federation of April 24, 2008 No. 194n "On approval of Medical criteria for determining the severity of harm caused to human health" (ed. Of January 18, 2012 No. 18n) // Russian Newspaper. - 2008. - September 5th. - No. 188.
10. Criminal Procedure Code of the RSFSR of October 27, 1960 (expired) // Vedomosti Supreme Council of the RSFSR. - 1960. - № 40. - Art. 592.

Materials of judicial practice

1. The verdict of the Zhukovsky district court of the Bryansk region of November 15, 2016 on case No. 1-99 / 2016 [Electronic resource]: ATP "Garant" (appeal date: 01/20/2017).
2. The verdict of the Zavolzhsky district court of Ulyanovsk of November 18, 2016 on case No. 1-301 / 2016 [Electronic resource]: ATP "Garant" (appeal date: 01/20/2017).
3. The verdict of the Kiznersky District Court of the Udmurt Republic dated December 15, 2016 on case No. 1-90 / 2016 [Electronic resource]: ATP "Garant" (appeal date: 01/20/2017).
4. The verdict of the Mineralovodsky City Court of the Stavropol Territory of December 10, 2013 on case No. 1-531 / 2013 [Electronic resource]: ATP "Garant" (appeal date: 01.20.2017).
5. The verdict of the Podolsk city court of the Moscow region of February 1, 2016 in case No. 1-70 / 2016 [Electronic resource]: ATP "Garant" (appeal date: 01/20/2017).
6. The verdict of the Ulchsky Distri