Analyzes the theoretical and methodological foundations of a new subinstitution of Russian criminal law — exemption from liability (art. 78.1 of the Criminal Code) and punishment (art. 80.2 of the Criminal Code). It is noted that the subinstitute under study is characterized by a dual nature: it has an incentive character (the opportunity to atone for guilt), and combines dispositive (the choice to conclude a contract) and imperative (obligations under mobilization legislation) elements. This subinstitute has intra-sectoral (complementary to the institute of exemption from liability/punishment under the Criminal Code of the Russian Federation) and intersectoral links (with criminal procedure and penal enforcement law), while maintaining a predominantly criminal-legal nature. It is concluded that it is a specific, potentially effective, but highly risky tool of criminal policy for the implementation of military mobilization tasks in conditions of state necessity.
criminal-legal sub-institution, exemption from criminal liability, exemption from sanctions, special military operation (SMO), mobilization, criminal policy, geopolitical determinants, military-administrative tasks, martial law, wartime
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