On the Issues of the Application of Part 6 of Article 15 of the Criminal Code of the Russian Federation
The article analyzes some of the controversial, in the opinion of the author, recommendations of the Decree of the Plenum of the Supreme Court of the Russian Federation No. 10 of 15.05.2018 «On the practice of the courts applying the provisions of paragraph 6 Article 15 of the Criminal Code of the Russian Federation». Lowering the category of crime always requires clear criteria by which the actions of the defendant could be qualified with a change in the gravity of the crime. Based on examples from judicial practice, the thesis is substantiated that “taking into account the factual circumstances of the case” and “the degree of its public danger” are evaluative e criteria and do not always allow to decide the validity of the application of part 6 article 15 of the Criminal Code of the Russian Federation. The discrepancy between some of the recommendations contained in the Resolution of the Plenum of the Supreme Court of the Russian Federation and the provisions of the Criminal Code of the Russian Federation is shown. It is concluded that it is impossible to exempt a person from criminal liability on the grounds specified in the Resolution of the Plenum of the Supreme Court of the Russian Federation.