PROPORTIONALITY AS A CRITERION FOR THE EFFECTIVE APPLICATION OF INCENTIVE FORMS OF CRIMINAL PROCEEDINGS

Abstract

Proportionality is an independent criterion for the effectiveness of the use of incentive forms of criminal proceedings. Based on the analysis of the legal positions of the Constitutional Court of the Russian Federation on the content of the principle of proportionality of restrictions on the rights and freedoms of individuals involved in the criminal process, the author identifies three aspects of proportionality in the implementation of incentive forms: the correspondence between the post-criminal behavior of the accused and the benefit received in the form of a specific incentive; the proportionality of the simplified procedure to the nature and circumstances of the act; achieving a balance of private and public interests. Using the method of casual analysis of judicial practice of the Supreme Court of the Russian Federation, typical violations of the proportionality criterion have been identified. It is proved that, subject to compliance with all legal conditions, exemption from criminal liability on evaluative grounds is not a discretionary right, but a duty of the court. The article outlines the specifics of the subject of incentive evidence, which includes verification of the fact, method and sufficiency of harm mitigation, establishment of voluntary and sincere reconciliation, the presence of a real reduction in the public danger of the act and the identity of the perpetrator.