The existing experience of applying a set of criminal law norms that determine the features of criminal liability of persons participating in the special military operation has allowed the authors of the article to detect the main trends in its expansion, taking into account the changed socio-political reality. The aim of the study is to identify the main directions of development of the institution of exemption from criminal liability and punishment in the conditions of the changed socio-political reality – convicts participation in the special military operation. The objectives of the study are to study the natural dialectical connections in the development of criminal law, conditioned by immediate political needs and challenges facing the state and society; to identify the problems of constructing criminal legislation taking into account the polar points of view among scientists and practitioners; to rethink the institution of exemption from criminal liability and punishment, demonstrating a tendency to expand the regulatory framework. The authors note that, when the categories of persons under study are exempted from criminal liability and punishment, there are important changes in the structure of the emerging practice: the number of convicts, for whom atypical and hybrid forms of exemption are implemented, is increasing, which certainly leads to the need to supplement the current legislative structure. In connection with participation in the special military operation, the proportion of criminals released from criminal liability and convicted persons released from actually serving their sentences at the stage of sentencing and serving imprisonment from correctional institutions increases. The work is based on the principles of criminal law. The authors, despite the prism of the dialectical development of criminal rights, the expansion of provisions on exemption from criminal liability and punishment, come to the conclusion that there are contradictions in the system of criminal law norms governing the analyzed issues. In fulfilling these conditions for the development and application of special norms of criminal law regulating issues of exemption from criminal liability and punishment, the following research methods were used: differential, formal-logical, functional, systemic-structural, comparative legal, and heuristic. The authors identified and analyzed the norms of criminal law, determined by socio-political necessity in modern conditions in connection with the involvement of convicted persons in the special military operation, which entailed changes in the development trends of the institution of exemption from criminal liability and sanctions, and in its application.
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Abdullina et al. (2024) studied this question.