Категория исключительности в уголовном законодательстве России и зарубежных государств
The Category of Exclusiveness in the Criminal Law of Russia and Foreign States

Summary/Abstract: A system study of the category of exclusiveness in criminal law was performed. Its socio-legal nature was revealed. In the criminal law, there are exceptional conditions for committing crimes, their elements, either aggravating or mitigating, as well as exceptional criminal law measures. The rationales and conditions of capital punishment were discussed. It was concluded that the exclusiveness in criminal law may result in both increased and mitigated penalties that are extraordinary. Therefore, it is necessary to carefully regulate the grounds for their application. The paper also substantiates certain proposals concerning the improvement of some legal norms in the Criminal Code of the Russian Federation.

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