Avdeev V.A., Avdeeva O.A.

Main directions of improving legal policy in the field of legislative regulation of the institution of exemption from criminal liability (retrospective analysis)

Keywords: national law, legal policy, criminal policy, crime prevention, exemption from criminal liability

The current stage of the criminal justice system development is characterized by the emergence of new social threats, which actualizes the task of optimizing legislation. In these circumstances, the institution of exemption from criminal liability requires special attention: the ability of the criminal law to respond flexibly to changing realities depends on the effectiveness of its regulation. The analysis of law enforcement practice and a review of domestic legislative experience indicate the existence of inconsistencies in the legislative framework governing these legal relationships. The existing grounds and conditions for exemption from criminal liability do not fully meet today’s needs, which necessitates their adaptation – bringing them into line with contemporary legal realities in order to enhance the effectiveness of the criminal law regulatory framework. The purpose of the study is to analyze the main directions of improving legal policy in the field of the institution of exemption from criminal liability, as well as to reveal qualitatively new areas of crime prevention, taking into account a retrospective analysis of criminal legislation. Materials and methods. The methodological basis of the research was made up of general scientific (system-structural, formal-logical, dialectical) and discipline-specific (formal-legal, comparative-legal) methods. General scientific methods made it possible to identify the stages in the development of legislation on exemption from criminal liability, whilst discipline-specific methods revealed the specific features of legislative formulations at each stage. The empirical base was formed by materials of judicial practice reflecting the use of the institute under study, the effectiveness of which was assessed using statistical and sociological methods. Results. As part of implementing new directions in the criminal law policy, which guide the legislature towards ensuring the principle of inevitability of criminal liability, the institution of exemption from criminal liability—applicable to persons found guilty of committing a crime—was to be formalised in the criminal law. The study of legal experience showed that expansion of grounds for exemption from criminal liability largely predetermined an increase in the effectiveness of crime prevention. The significance of applying this legal concept lies in the fact that the model of legal regulation employed allows for the principle of inevitability to be reconciled with the principles of humanism and proportionality of punishment to the offence committed. A retrospective analysis of the successive modification of the legislative formula governing this institution showed the importance of individual grounds and conditions for its implementation, which deserve the attention of the legislator at the present stage. Improving the quality of the criminal law provision governing this institution in the modern context involves determining the extent to which the grounds and conditions are used to achieve the objective of criminal law relating to rehabilitation. This approach to combating crime is characterised by its social relevance, as it involves an active engagement of civil society organisations and their involvement by law enforcement agencies. Conclusions. One of the main directions of implementing criminal law policy during the Soviet period was a widespread involvement of the public in implementing measures to combat crime, which predetermined the development of the institution of exemption from criminal liability and a subsequent definition of the grounds and conditions for its implementation. Involving experts in solving complex issues arising during implementation of this institution at the law enforcement level led to a variety of doctrinal approaches that laid the foundations for the subsequent modernization of criminal legislation. Increasing knowledge in the field of criminal law doctrine and understanding the problems of law enforcement practice served as the basis for updating criminal norms regulating the grounds and conditions for exemption from criminal liability. The legislator's practice-oriented approach to regulating the institution of exemption from criminal liability was associated with key areas of government policy that contribute to strengthening the rule of law and reducing crime through the use of other legal measures.

About authors

Avdeev Vadim A.

Doctor of Law Sciences, Professor, Higher School of Law, Yugra State University, Russia, Khanty-Mansyisk (vadim.avdeevich@mail.ru; ORCID: https://orcid.org/0000-0002-8614-6996)

Avdeeva Olga A.

Doctor of Law Sciences, Professor, Department of Fundamentals of Russian Statehood and Civil Law, East Siberian Institute of the Ministry of Internal Affairs of Russia, Russia, Irkutsk (Avdeeva_O_A@mail.ru; ORCID: https://orcid.org/0000-0002-5771-4237)

Article link

Avdeev V.A., Avdeeva O.A. Main directions of improving legal policy in the field of legislative regulation of the institution of exemption from criminal liability (retrospective analysis) [Electronic resource] // Oeconomia et Jus. – 2026. – №1. P. 72-89. – URL: https://oecomia-et-jus.ru/en/single/2026/1/7/. DOI: 10.47026/2499-9636-2026-1-72-89.