SPECIAL ASPECTS OF REGULATION OF THE INSTITUTE OF ACTIVE REPENTANCE IN CRIMINAL LEGISLATION OF SOME FOREIGN COUNTRIES

Modern criminal law policy of the state is moving towards the humanization of criminal legislation, one of manifestation of which is the institute of the exemption from criminal liability because of active repentance. The existence of the institute of active repentance in the criminal legislation of the Russian Federation and the Republic of Armenia is an alternative response of the state to the illegal behavior of a person who committed a crime. In terms of prevention of further criminalization of a person committed a crime, prevention of new crimes, and the defense of the triad of values declared and protected by criminal legislation, it is difficult to overestimate the role of the incentive norms, one of which is the norm of exemption from criminal liability on the grounds of the active repentance. The paper aims at the study of foreign experience of legislative regulation of the institution of active repentance as the basis for the exemption from criminal liability and the development of suggestions and recommendations intended to improve criminal legislation in this sphere. The author considers the special aspects of legislative regulation of the institute of active repentance in the criminal legislation of foreign countries, reveals the specifics of the reason for the exemption from criminal liability. To the author’s opinion, to prevent improper use of the incentive norm of active repentance both on the part of perpetrators and regulatory authorities, it is necessary to institutionalize the possibility of the exemption from criminal liability on the grounds of the active repentance only once. As the possible variant of legalization of the state criminal law policy on the minimization of threats to economic stability, the author suggests providing for the possibility of the exemption from criminal liability on the grounds of active repentance in the note to the article imposing liability for the legalization of the offense-related monetary funds.