Radical transformation of the norm on active repentance in the new Criminal Code of the Republic of Armenia

The purpose of the research. The article examines the institution of exemption from criminal liability in connection with active repentance. The purpose of the research is to carry out a theoretical and applied analysis of the institution of active repentance and its legislative regulation in the light of the criminal law reform carried out in the Republic of Armenia, which culminated in the adoption of the new criminal code; identification of legislative gaps and problems arising in law enforcement practice in the implementation of this incentive norm; analysis of the positive and negative aspects of the innovations made. The above is important and useful for improving the Armenian criminal legislation and may serve as an interesting experience for the Russian legislator in optimizing the norm of active repentance.

Results. As a result of the conducted research, the author comes to the conclusion that the institution of active repentance is a manifestation of the principle of humanism and represents one of the types of positive post-criminal behavior of persons who have committed a crime. Taking into account the noted circumstance, the author suggests making the norm of active repentance imperative in some cases, in which the person who committed the crime will have an interest in fulfilling the conditions that constitute active repentance. The author critically evaluates the innovations made in Armenian legislation regarding the possibility of applying the analyzed norm in a number of cases of serious and especially serious crimes in the presence of exceptional circumstances. At the same time, in the context of the noted innovation, the author considers it advisable to supplement the list of these crimes with Articles 188 and 189 of the Criminal Code, providing for liability for trafficking.