Modern Aspects of Criminal Law Regulation of the Active Repentance Institution

Aim. To comprehensively study modern aspects of the legal regulation of the active repentance institution, the identification of systemic problems, and the development of scientifically based proposals for improving its mechanism within the framework of the modern legal system of the Russian Federation.

Methodology. The research is based on a systematic approach, including comparative legal analysis, formal-logical methods, and structural-functional analysis. Methods of scientific abstraction and modeling of legal constructions were applied, along with the dialectical method of cognition.

Results. Key problems in the implementation of the active repentance institution in the modern legal system have been identified. The author’s classification of the elements of the institution has been developed, and the criteria system for evaluating post-criminal behavior has been proposed. A psychological analysis of motivation for repentance has been conducted, examples from judicial practice have been systematized, and an in-depth comparison with foreign analogues has been carried out. The necessity of improving the regulatory framework and unifying law enforcement practices has been substantiated.

Research implications. The results of the study contribute to the development of the doctrinal foundations of criminal law and can be used to improve legislation and law enforcement practices. The proposed scientifically based recommendations are aimed at enhancing the effectiveness of the institution of active repentance as a tool of criminal law policy.

1. Savin, P. T. (2021). On a Positive Start in Criminal Law. In: Law and Practice, 3, 43–48 (in Russ.).

2. Bryukhnov, A. A., Napkhanenko, I. P. & Safonov, G. I. (2024). On the Possibility of Applying Active Repentance. In: Philosophy of Law, 2, 123–129 (in Russ.).

3. Zhirov, R. M. (2022). The Legal Nature of Active Remorse. In: Public Service and Personnel, 1, 178–180 (in Russ.).

4. Tarasov, V. Yu. (2022). Active Repentance as a General Prerequisite for the Ground Formation for Exemption from Criminal Liability. In: Bulletin of the Academy of Law and Management, 1, 37–43 (in Russ.).

5. Ovsyannikov, I. V. (2023). Imperfection of the Institution of Exemption from Criminal Liability Significantly Complicates Law Enforcement. In: Criminalist, 1, 22–27 (in Russ.).

6. Bordakova, A. G. (2025). Improvement of the Institution of Exemption from Criminal Liability in Connection with Active Repentance in the Context of Differentiation of Criminal Liability. In: Issues of Russian and International Law, 15 (4A), 318–327 (in Russ.).

7. Badalyanz, E. Yu. & Maltseva, S. N. (2022). Active Repentance: Legal Nature and Criminal Legal Characteristics. In: Journal of Legal Sciences, 2, 30–36 (in Russ.).

8. Kashper, A. A. (2025). Criminal Law Characterization of Positive Post-Criminal Behavior of a Person as a Basis for Applying Exemption from Criminal Liability in Connection with Active Repentance. In: Public Service and Personnel, 3, 182–187 (in Russ.).

9. Antonov, A. G. (2024). New Basis for Exemption From Criminal Liability as a Type of Active Repentance. In: Vestnik of Siberian Law Institute of the MIA of Russia, 4, 15–21 (in Russ.).

10. Balafendiev, A. M. (2021). Active Repentance as a Basis for Differentiation of Responsibility and a Measure of Criminal Law Impact. In: Vestnik of Volzhsky University named after V. N. Tatischev, 1 (2), 174–182 (in Russ.).

11. Tarasova, E. V. (2024). Public Danger and Exemption from Criminal Liability in Connection with Compensation for Damage. In: Russian Law: Education, Practice, Researches, 5, 58–65 (in Russ.).

12. Gafurova, E. R. (2023). Special Types of Exemption from Criminal Liability: Ratio with Active Repentance. In: Bulletin of Udmurt University. Series: Economics and Law, 33 (1), 110–118 (in Russ.).

13. Dadyukova, M. N. (2025). Voluntary Refusal and Active Repentance for Single and Complex Single Crimes. In: Bulletin of Science and Creativity, 6, 5–9 (in Russ.).

14. Kochoi, S. M. (2024). Active Repentance and Voluntary Refusal in the Notes to the Articles of the Criminal Code of the Russian Federation on Terrorist Crimes: Reasons for Application. In: Lex Russica, 77 (6), 69–82 (in Russ.).

15. Turov, S. Yu. (2025). Legal and Theoretical Aspects of Criminal Case Termination and Criminal Prosecution on Non-Rehabilitating Reasons in Proceedings on the Use of Compulsory Medical Measures. In: Bulletin of Udmurt University. Series: Economics and Law, 35 (2), 330–340. DOI: 10.35634/2412-9593-2025-35-2-330-340 (in Russ.).

16. Saytbekov, A. M. (2025). Exemption From Criminal Liability in Connection with Active Repentance: Theoretical and Practical Aspects. In: Vestnik of Moscow University of the Ministry of Internal Affairs of Russia, 2, 152–156. DOI: 10.24412/2073-0454-2025-2-152-156 (in Russ.).

17. Glazkova, L. V. & Bunina, A. F. (2022). Legislation on Exemption from Criminal Liability in Foreign Countries of Continental Europe. In: Academy of Law and Management, 2, 20–23 (in Russ.).

18. Epifanov, A. E. (2025). Institute of Pre-trial Cooperation Agreement: History of Development, Concept and Legal Nature in Domestic and Foreign Criminal Proceedings. In: Criminological Journal, 3, 57–62 (in Russ.).

19. Ivanova, E. V. (2024). Voluntary Refusal of a Crime in the Criminal Law of Russia and China. In: Pravovedenie, 68 (2), 213–225 (in Russ.).

20. Kashper, A. A. (2025). On the Legal Consequences of Exemption from Criminal Liability in Connection with Active Repentance. In: Law and Legislation, 8, 171–175 (in Russ.).

21. Omelin, V. N. (2023). Discussion Issues of Exemption from Criminal Liability of Persons Assisting Bodies Carrying Out Operational-search Activities. In: Law and Legislation, 12, 248–251 (in Russ.).

22. Balafendiev, A. M., Khalilov, R. N. & Rybushkin, N. N. (2021). Measures of Criminal Legal Influence in the Norms of the Criminal Code of the Russian Federation Governing Compensation for Harm Caused by a Crime. In: Review of Economy, Law and Sociology, 1, 55–60 (in Russ.).