PROBLEM OF CRIMINAL REPRESSION, APPLIED OUTSIDE OF CRIMINAL LIABILITY
https://doi.org/10.24147/2542-1514.2017.1(1).122-128
Abstract
УДК 343.2
A new institute of repressive measures applied outside the criminal liability in criminal law (including as a condition for exemption from criminal liability) is forming now in Russian legislation. The author concludes that the provisions of the criminal law on monetary compensation and a court fine should be deleted because of the following reasons. 1) By their nature, and monetary compensation and a court fine, not being a formal punishment (and, therefore, a form of realization of criminal responsibility) is a monetary penalty, i.e., penalty-punishment. Moreover, the rules of court fine destination identical rules of criminal sentencing. 2) Quantitatively court fine may exceed the minimum limits of criminal punish-ment in the form of fines. The dimensions of monetary compensation in the order of hours. Pt. 2, Art. 76.1 of the Criminal Code and at all close to the maximum values of fine-punishment. 3) Exemption from criminal liability requires states to refrain from prosecuting the person alleged to have committed a crime, which means that the nonuse of criminal repression. Regulatory standards analyzed, on the other hand, require mandatory use of repression, ie, virtually no exemption from criminal liability does not occur at all. 4) The use of a quasi-penalty in the form of monetary compensation and court fines are not an exemption from criminal responsibility, but on the contrary, the use of criminal repression (of responsibility), and in a simplified manner. 5) Contrary to the requirements of the Constitution and the Criminal Code of criminal repression is applied to persons whose guilt has not been established in the commission of a crime. Thus, in criminal law introduced a presumption of guilt. 6) Customization repression (in fact – of criminal responsibility) in the application of the judicial penalty is substantially limited, and the application of monetary compensation is excluded at all, contrary to the requirement that the rough justice (Pt. 1, Art. 6 of the Criminal Code). 7) Rules of court fine actually allow re-use of penalties and, moreover, consistent application of the two main types of punishment, although no one can be held criminally responsible twice for the same offense (Pt. 2, Art. 6 of the Criminal Code).
About the Author
V. Stepashin
Dostoevsky Omsk State University
Russian Federation
Russian Federation
PhD in Law, Associate Professor, Department of Criminal Law and Criminology;
SPIN-code: 9569-9315
References
1. Fisenko D.Yu. Special principles of criminal law, Cand. Diss. Omsk, 2016. 199 p. (In Russ.).
2. Karpov K.N. Other measures under criminal law as a means of counteracting the commission of crimes, Cand. Diss. Omsk, 2011. 226 p. (In Russ.).
3. Blagov E.V. Punishment and other measures of criminal law. Moscow, Yurlitinform Publ., 2011. 240 p. (In Russ.).
4. Rarog A.I. Institute of confiscation of property needs to be improved, in: Institut konfiskatsii imushchestva v zakonodatelstve gosudarstv-chlenov Soveta Evropy i v rossiiskom zakonodatelstve, Materials of International semi-nar. Barnaul, Altai University Publ., 2008, pp. 53–59. (In Russ.).
5. Egorov V. Difficulties application of the rules of forfeiture. Ugolovnoe pravo, 2009, no. 1, pp. 21–22. (In Russ.).
6. Propostin A.A. Confiscation of property as a measure to combat crime: Past, Present, Future, Cand. Diss. Thesis. Tomsk, 2010. 21 p. (In Russ.).
7. Lopashenko N.A. Confiscation of property. Moscow, Yurlitinform Publ., 2012. 160 p. (In Russ.).
8. Zhevlakov E. Renewed criminal legislation and its application problems. Ugolovnoe pravo, 2004, no. 3, pp. 29–31. (In Russ.).
9. Kashuba Yu.A. Collisions in legislation regulating the use of criminal sanctions. Chelovek: prestuplenie i naka-zanie = Man: Crime and Punishment. 2013, no. 3, pp. 69–75. (In Russ.).
10. Lopashenko N.A. (ed.). Criminal law. A common part. A crime. Academic course, in 10 volumes. Moscow, Yurlitinform Publ, 2016. (In Russ.).
11. Vladimirskiy-Budanov M.F. Review the history of Russian law. Kyiv, 1915. 715 p. (In Russ.).
12. Kostrova M.B. "Fiscal" feature of Russian criminal law as a new phenomenon of the era of financial and economic change?, in: Ugolovnoe pravo v epokhu finansovo-ekonomicheskikh peremen, Materials of IX Congress of the Russian Criminal Law, May 29-30, 2014. Moscow, Yurlitinform Publ., 2014, pp. 41–45. (In Russ.).
13. Oreshkina T.Yu. The system notes to the articles of the Criminal Code of the Russian Federation needs to be improved, in: Sovremennaya ugolovnaya politika: poisk optimalnoi modeli, Materials of VII Congress of the Rus-sian Criminal Law, May 31 - June 1, 2012. Moscow, Prospekt Publ., 2012, pp. 200–207. (In Russ.).
14. Krylova N.E. Is humanisation of the criminal law underway? The analysis of the draft laws approved at the plenary session of the Supreme Court of the Russian Federation on July 31, 2015. Zakon, 2015, no. 8, pp. 90–107. (in Russ.).
15. Inogamova-Khegai L.V. The punishment of physical and legal persons as a form of realization of criminal liability and its purpose. Biblioteka ugolovnogo prava i kriminologii, 2016, no. 5, pp. 141–149. (In Russ.).
16. Pudovochkin Yu.E. Punishable acts as a sign of a crime. Biblioteka ugolovnogo prava i kriminologii, 2016, no. 5, pp. 166–172. (In Russ.).
17. Kuznetsova N.F. Problems of qualification of crimes. Moscow, Gorodets Publ., 2007. 336 p. (In Russ.).
Review
For citations:
Stepashin V. PROBLEM OF CRIMINAL REPRESSION, APPLIED OUTSIDE OF CRIMINAL LIABILITY. Law Enforcement Review. 2017;1(1):122-128. https://doi.org/10.24147/2542-1514.2017.1(1).122-128
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