Annotation

The article examines atonement of guilt as a ground for exemption from criminal liability. The content of the norm of criminal law regulating the exemption of servicemen from criminal liability is analyzed. The nature of atonement of guilt is examined, the requirements established by law for the termination of criminal prosecution are generalized, and a distinction is drawn, in terms of content and consequences, from other grounds for exemption from criminal liability — active repentance and reconciliation of the accused with the victim. It is substantiated that atonement of guilt represents such socially significant behavior on the part of the accused (suspect) that it may result in the termination of criminal prosecution without compensation for harm to the victim. The approach of the legislator is supported, according to which the boundary of the application of atonement of guilt is determined not by categories of crimes, but by establishing a list of specific crimes in cases of which the termination of criminal prosecution on the ground under consideration is not permitted. It is suggested that the legislative enshrinement of expiation of guilt as a basis for exemption from criminal responsibility be limited to extraordinary situations in which socially useful activity poses a danger to the life and health of the person and is carried out as an alternative to criminal prosecution, or takes the form of an uncontested decision of state authority.