PROBLEMS OF THE RELEASE FROM PUNISHMENT DUE TO A CHANGE OF SITUATION IN CASE OF PERFORMANCE OF ALL THE CONDITIONS AND UNDERTAKINGS SET OUT IN THE PRE-JUDICIAL COOPERATION AGREEMENT

The article deals with the issues of the release from punishment due to a change of situation if all the conditions and undertakings set out in the pre-judicial cooperation agreement are performed. The author believes that the consistent application of Art. 80.1 and pp. 2, 4 of Art. 62 of the RF Criminal Code is hampered and explains why it is so. In particular, one of the reasons is that the grounds for the application of Art. 80.1 and pp. 2, 4 of Art. 62 of the RF Criminal Code are mutually exclusive. In most cases, pre-judicial cooperation agreements are concluded by persons with a criminal record or who have committed a series of serious and particularly serious crimes, whereas the release from punishment due to a changes of situation is possible only when a person commits a crime of small or medium gravity for the first time. One of the options for eliminating legal contradictions in case of applying the release from punishment due to a change of situation and the rules, provided for in pp. 2, 4 of Art. 62 of the RF Criminal Code, is the change of p. 5 Art. 317.7 of the RF Criminal Code by excluding the possibility of the consistent application of pp. 2, 4 of Art. 62 and Art. 80.1 of the RF Criminal Code.