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Exemption from Criminal Responsibility with the Purpose of a Judicial Strated for the Perfection of the Unpelficied Expense of Budgetary Funds

https://doi.org/10.25205/2542-0410-2019-15-1-63-67

Abstract

The article deals with the practical application of the institution of exemption from criminal liability with the appointment of a judicial fine in the context of criminal prosecution for the misuse of budgetary funds. The author's assessment of this legal mechanism is given, taking into account the established judicial practice, statistical indicators and the criminal law specifics of article 2851 of the Criminal Code of the Russian Federation. When writing the article, such special methods were used as comparative legal, formal logical, systematic. According to the results of the study, it was concluded that the practical application of this criminal law institution is difficult to resolve issues of criminal responsibility for the misuse of budget funds, its weak preventive potential is noted. Accordingly, the frequent use of the procedure for exemption from criminal responsibility under consideration negates the importance of the criminal law mechanism for the protection of budget funds.

About the Author

A. A. Pastushenko
Khabarovsk State University of Economics and Law
Russian Federation


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For citations:


Pastushenko A.A. Exemption from Criminal Responsibility with the Purpose of a Judicial Strated for the Perfection of the Unpelficied Expense of Budgetary Funds. Juridical science and practice. 2019;15(1):63-67. (In Russ.) https://doi.org/10.25205/2542-0410-2019-15-1-63-67

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ISSN 2542-0410 (Print)