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The mechanism of release from criminal liability is based on the law enforcer's right, discretion or obligation to apply a certain ground. The question of whether each of the above corresponds to the mechanism set out in the law is a widely discussed subject of legal publications. Thus, disputes over the nature of discretionary grounds for release began long ago, beliefs that they should be transferred to the category of imperative ones are expressed. The article proves that such approach is wrong as it fails to consider the nature of a substantive criminal relation based on the public danger of the act that caused it.
Pavel V. Vdovtsev (Thu,) studied this question.