Annotation

The article is devoted to the analysis of the concept of “exceptional circumstances” as an evaluative category of criminal law that goes beyond the institution of a more lenient punishment than is provided for this crime (Article 64 of the Criminal Code of the Russian Federation). Based on the generalization of doctrinal approaches, explanations of the Plenum of the Supreme Court of the Russian Federation and materials of judicial practice, it is proved that the category of “exclusivity” is used by the legislator in a number of related institutions for mitigating criminal law effects: in case of conditional conviction (art. 73 of the Criminal Code); changing the category of crime (Part 6 of art. 15 of the Criminal Code); the implementation of provisions on active repentance, as well as the application of provisions on the responsibility of minors to persons aged eighteen to twenty years (art. 96 of the Criminal Code).