Annotation

The article is devoted to a comparative legal analysis of the institution of exemption from criminal liability in connection with reconciliation with the victim in the legislation of the Russian Federation and the Republic of Kazakhstan. The author examines the evolution of legal regulation and key law enforcement issues in both countries. In Russia, the main problem is judicial discretion, since termination of a case is the right, not the duty, of a court that comprehensively evaluates all circumstances, including the identity of the perpetrator and the public danger of the act. In contrast, Kazakhstan's legislation has undergone significant differentiation: for criminal offenses, minor and moderate crimes, reconciliation is imperative, obliging the law enforcement officer to stop the prosecution if the conditions are met. Analyzing the differences in the degree of regulatory regulation and the role of judicial discretion, the author comes to the conclusion that it is promising to borrow from the Kazakh experience and suggests considering the possibility of making the rule on reconciliation for certain categories of crimes in Russia imperative in order to increase legal certainty and humanize the criminal process.