Валерия Зеновина
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Предполагается, что деяния из числа преступлений небольшой тяжести, за которые не предусмотрено наказание в виде лишения свободы, и будут считаться уголовными проступками. Таким образом Верховный Суд Российской Федерации планирует осуществлять дальнейшую гуманизацию уголовного законодательства – нововведение коснется более 80 составов преступлений.
Ключевая особенность инициативы заключается в том, что совершеннолетних лиц, впервые совершивших уголовный проступок, будут по общему правилу освобождать от уголовной ответственности, правда, с наложением судебного штрафа (гл. 15.2 Уголовного кодекса). А несовершеннолетних, также впервые совершивших проступок, планируется освобождать от ответственности, но с применением принудительной меры воспитательного воздействия. Это могут быть предупреждение, передача под надзор родителей, возложение обязанности загладить причиненный вред или ограничение досуга и установление особых требований к поведению.
Также определен срок давности, в связи с которым лицо освобождается от уголовной ответственности. Он составит один год после совершения уголовного проступка.
Соответствующий законопроект1 предполагает внесение изменений не только в УК РФ, но и в Уголовно-процессуальный кодекс. Напомним, что идея о введении новой формы правонарушения высказывалась еще в 2016 году, а в прошлом году эксперты представили свои мнения о необходимости уголовного проступка. В конце октября 2017 года Пленум ВС РФ принял постановление о внесении указанного законопроекта в Госдуму.
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1 С текстом законопроекта № 612292-7 «О внесении изменений в Уголовный кодекс Российской Федерации и Уголовно-процессуальный кодекс Российской Федерации в связи с введением понятия уголовного проступка» и материалами к нему можно ознакомиться на официальном сайте Госдумы.
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