Annotation

The article is devoted to the analysis of the legal regulation and practice of applying the institution of a more lenient punishment than is provided for this crime (art. 64 of the Criminal Code of the Russian Federation). The doctrinal approaches to the interpretation of the concept of "exceptional circumstances" are considered. The shortcomings of the legislative structure of the norm are revealed, in particular, the lack of a direct indication of the identity of the perpetrator and its public danger. Based on the generalization of materials from judicial practice and scientific literature, there is a tendency towards an expanded interpretation of exceptional circumstances. The problems of distinguishing the grounds for the application of Article 64 of the Criminal Code of the Russian Federation with related categories, including mitigating circumstances (Article 61 of the Criminal Code), are analyzed. The debatable issue of the admissibility of the joint application of art. 64 of the Criminal Code and conditional sentence (art. 73 of the Criminal Code) is investigated.