The author analyzes the acts of the courts of first, appellate and cassation instances and identifies shortcomings regarding the application of Part 6 of Art. 15 of the Criminal Code of the Russian Federation. It is noted that all defects should be divided into several groups: 1) inadequate, incomplete justification for decisions to change the category of crime or to refuse it; 2) lack of motivation for such decisions; 3) ignoring the consideration of the issue of changing the category of crime; 4) violation of the procedure for changing the category of crime; 5) imposing a court fine after changing the category of the crime; 6) changing the category of crime in the presence of formal obstacles; 7) failure to take into account changes in consequences following a change in the category of crime; 8) taking into account the same circumstances when applying Part 6 of Art. 15 and Art. 64, 73 of the Criminal Code of the Russian Federation; 9) other errors (in particular, discussion of the issue of changing the category of a crime of minor gravity). The explanations of the Plenum of the Supreme Court of the Russian Federation are assessed and proposals are put forward to improve law enforcement practice.
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Л. О. Павлова (2024) studied this question.
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