Current issues of the development of the institution of exemption from criminal liability in connection with conscription (Article 78.1 of the Criminal Code of the Russian Federation)

the scientific research is devoted to the consideration of urgent problems of the development of the institution of exemption from liability under the criminal law in connection with the introduction of Article 78.1 of the Criminal Code of the Russian Federation, which provides for exemption in case of conscription. The purpose of the study is to identify the specifics of the legal regulation of the new grounds for exemption from liability, as well as to develop proposals for its improvement. The subject of the study is the right-wing institution of exemption from criminal liability, in particular, Article 78.1 of the Criminal Code of the Russian Federation. Materials and methods. The research uses a set of scientific methods: systematic, logical-legal, comparative-legal and formal-legal. Special attention is paid to the analysis of the regulatory framework and judicial practice. The results of the study showed the presence of legal contradictions and gaps that require correction of art. 78.1 of the Criminal Code of the Russian Federation. The scientific novelty lies in an integrated approach to the study of the conditions and boundaries of the application of the new norm. The recommendations formulated can find practical application in law enforcement activities, as well as in improving criminal legislation.

release from responsibility, mobilization, military service, martial law