Preview

Law Enforcement Review

Advanced search

PROBLEMS OF IMPOSITION OF CRIMINAL PUNISHMENT ALTERNATIVE TO IMPRISONMENT

https://doi.org/10.24147/2542-1514.2018.2(2).80-89

Abstract

The subject. The article is devoted to problems of appointment some criminal punishments alternative to the deprivation of liberty by courts in Russian Federation. The author gives an answer to the question, why punishments not related to imprisonment in the Russian Federation, especially deprivation of the right to occupy certain positions or engage in cer-tain activities, corrective labor, restriction of freedom, forced labor, are rarely appointed by courts, and the most common alternative punishments are only fine and mandatory work.
Methodology. Author uses such researching methods as analysis and synthesis, formally legal, comparative legal.
Results. The author proposes some concrete measures, aimed at expanding the practice of appointment some criminal punishments alternative to the deprivation of liberty.
It is necessary to reduce the size of the fine established in the Criminal Code of the Russian Federation. It is necessary to establish a penalty in the sanction of norms on crimes of small and medium gravity, committed for mercenary motives and connected with causing mate-rial damage.
In order of more effective serving of punishments in the form of compulsory and corrective works, it is necessary to interest employers, it can be expressed in granting tax credit ben-efits. The searching of specific facilities for serving corrective labor should be assigned to employment centers.
It seems expedient to introduce deprivation of the right to occupy certain positions or en-gage in certain activities as the main type of punishment to all sanctions of the norms about the responsibility for crimes of small or medium gravity related to the professional activities of the person. 

It is necessary to eliminate gaps in the legislative regulation of punishment in the form of restricted liberty and to solve the problem of electronic monitoring of convicts using elec-tronic bracelets.
Conclusions. The punishment in the form of deprivation of liberty should be appointed by courts only in cases, when the crime is highly dangerous, the identity of the criminal is also characterized by a high degree of public danger. Serious changes are also needed in the legislative regulation of sentences not related to deprivation of liberty, and a number of other organizational measures aimed at expanding the practice of applying these punish-ments.

About the Author

T. V. Nepomnyashchaya
Dostoevsky Omsk State University, Omsk
Russian Federation

Doctor of Law, As-sociate Professor; Professor, Department of Crimi-nal Law and Criminology

SPIN-code: 5460-9270; AuthorID: 394436



References

1. Albrecht H.-J. Prison Overcrowding – Finding Effective Solutions. Strategies and Best Practices Against Over-crowding in Correctional Facilities. Max Planck Institute for Foreign and International Criminal Law. 83 p. Available at: https://www.mpicc.de/shared/data/pdf/research_in_brief_43_-_albrecht_prisonvercrowding.pdf.

2. Prison overcrowding. John Howard Society of Alberta, 1996. 10 p. Available at: http://www.johnhow-ard.ab.ca/pub/pdf/C42.pdf.

3. Smirnov M.A., Petrova O.N. Problems of improving of "alternative" types of criminal penalties. Mariiskii yuridicheskii vestnik = Mary Law Vestnik, 2016, no. 4 (19), pp. 61–64. (In Russ.).

4. Kuzina A.A. Fine as main type of punishment for criminal legislation of russian federation: problems of small distribution comparing to international law practice and perspectives of effectiveness rise. Vestnik Tambovskogo universiteta. Seriya: Gumanitarnye nauki = Tambov University Review. Series Humanities, 2013, Iss. 6 (122), pp. 240–243. (In Russ.).

5. Kashepov V.P. The application of a fine as a type of criminal punishment, in: Yaroshenko K.B. (ed.). Kommen-tarii sudebnoi praktiki, Iss. 22. Moscow, Institute of Legislation and Comparative Jurisprudence under the Govern-ment of the Russian Federation Publ., KONTRAKT Publ., 2017, pp. 110–122. (In Russ.).

6. Pleshkov V.А. Fine collection, imposed as punishment for committing a crime. Ugolovno-ispolnitel'naya sistema: pravo, ekonomika, upravlenie = Criminal-Executory System: law, economy, management, 2009, no. 4, pp. 20–24. (In Russ.).

7. Popov I.A. Some problems of application and enforcement of punishments alternative to imprisonment as-sociated with compulsory labor of convicts. Pravo. Zakonodatel'stvo. Lichnost' = Law. Legislation. Person, 2015, no. 2 (21), pp. 171–175. (In Russ.).

8. Podroikina I.А. Theoretical bases of construction of system of punishments in the criminal legislation of Rus-sia, Doct. Diss. Omsk, 2017. 498 p. (In Russ.).

9. Stepashin V.М. The application of alternative punishments related to recruitment to work. Vestnik Omskogo universiteta. Seriya “Pravo” = Herald of Omsk University. Series “Law”, 2008, no. 2 (15), pp. 140–144. (In Russ.).

10. The Encyclopedia of Criminal Law. Vol. 8. Criminal responsibility and punishment. St. Petersburg, St. Peters-burg city bar association Publ., 2007. 798 p. (In Russ.).

11. Zubarev V.М., Kuznetsov S.S., Tulyai А.N. Definition of the basic directions of improvement of the financial and economic mechanism of the organization of compulsory work, in: Al'ternativy tyuremnomu zaklucheniyu v Ros-siiskoi Federatsii, materials of the international conference. Moscow, 2001, pp. 184–188. (In Russ.).

12. Ammosova V.I. On the question of the employment of persons sentenced to corrective labor. Vestnik Kuzbasskogo instituta, 2014, no. 3 (20), pp. 52–56. (In Russ.).

13. Gabarayev A.Sh. Improvement of the operation organization of FPS Corrective Services of Russia in involve-ment of convicts to corrective works. Vedomosti ugolovno-ispolnitel'noi systemy, 2016, no. 8, pp. 13–17. (In Russ.).

14. Osadchaya N.G. Compulsory work as a new type of punishment in the Russian criminal legislation, Cand. Diss. Rostov-on-Don, 1999. 215 p. (In Russ.).

15. Cherenkov E.А. The problems of regulating punishment in the form of correctional labor. Nauka i obra-zovanie: khozyaistvo i ekonomika; predprinimatel'stvo; pravo i upravlenie, 2013, no. 8 (39), pp. 83–89. (In Russ.).

16. Stepashin V.M. The responsibility condemned to deprivation of the right to occupy certain posts or to be engaged in certain activity and limitation in military service for evasion from serving of punishment. Vestnik Omskogo universiteta. Seriya “Pravo” = Herald of Omsk University. Series “Law”, 2016, no. 1 (46), pp. 210–215. (In Russ.).

17. Agil’din V.V. Deprivation of right to take certain positions or be engaged in certain activity as a type of punishment under the criminal code of the RF. Yuridicheskii mir = Juridical World, 2011, no. 2, pp. 37–41. (In Russ.).

18. Utkin V.A. Deprivation of right to occupy certain posts or engage in certain activities: criminal sanction or security measure. Chelovek: prestuplenie i nakazanie = Man: Crime and Punishment, 2013, no. 3 (82), pp. 58–61. (In Russ.).

19. Sokolov I.V. Place of restriction of freedom in the penal system of the Criminal Code of the Russian Feder-ation, in: Gosudarstvennaya antikriminal'naya politika na evraziiskom prostranstve, materials of the international scientific and practical conference. St. Petersburg, International Institute of Economics and Law Publ., 2010, pp. 210–213. (In Russ.).

20. Shishkin S.I. Libertys Restriction as the Criminal Punishments Type: Features, Discrepancies, Perspectives. Vestnik Rossiiskoi pravovoi akademii = Bulletin of the Russian Law Academy, 2010, no. 1, pp. 61–66. (In Russ.).

21. Useev R.Z. Forced hard labor: place in system of the punishments and some problems of application. Ugolovno-ispolnitel'naya sistema: pravo, ekonomika, upravlenie = Criminal-Executory System: law, economy, man-agement, 2014, no. 2, pp. 23–26. (In Russ.).

22. Varlamova Y.А. To a question of forced labor. Prikladnaya yuridicheskaya psikhologiya = Applied Legal Psy-chology, 2014, no. 4, pp. 197–202. (In Russ.).

23. Zubova А.О., Ayubov А.D. Problematic issues arising from the introduction of punishment in the form of forced labor in the territory of the Russian Federation, in: Bor'ba s prestupnost'yu: teoriya i praktika, Materials of the II International scientific and practical conference. Mogilev, 2014, pp. 29–30. (In Russ.).

24. Pomnina S.N., Lavrushkina A.A. Integrity of introduction of forced works as a case of criminal punishment from the position of theory and practice. Vestnik Volzhskogo universiteta imeni V.N. Tatishcheva = Vestnik of Volzh-sky University after V.N. Tatishchev, 2017, vol. 2, no. 4, pp. 227–233. (In Russ.).

25. Uporov I.V. Prisons were, are and will be: the problem of alternative punishments has not yet been re-solved. Science Time, 2016, no. 10 (34), pp. 404–410. (In Russ.).


Review

For citations:


Nepomnyashchaya T.V. PROBLEMS OF IMPOSITION OF CRIMINAL PUNISHMENT ALTERNATIVE TO IMPRISONMENT. Law Enforcement Review. 2018;2(2):80-89. https://doi.org/10.24147/2542-1514.2018.2(2).80-89

Views: 3114


Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 License.


ISSN 2542-1514 (Print)
ISSN 2658-4050 (Online)