Suchergebnisse

The article is devoted to the study of the law enforcement of criminal punishment in the form of restriction of freedom and its significance in the system of punishment. Modern trends in the economy and social life in the country determine the policy of gradual humanization of punishment for some crimes while increasing the punishment for others. This process is accompanied by the introduction of new, previously not applied forms of punishment, which should serve as an alternative to imprisonment for a certain period. The analysis of statistical data on the application of punishment with isolation from society to various categories of convicts shows that the use of deprivation of liberty should be reduced, especially for minors and women. By limiting the use of punishment in the form of imprisonment, it is possible to protect the individual from the influence of the criminal environment. Punishment in the form of restriction of freedom allows achieving the goals of criminal punishment without deprivation of liberty and isolation from society. When considering the nature of punishment in the form of restriction of freedom should pay attention to such a legal structure as a conditional sentence. In the criminal-Executive practice, the punishment in the form of restriction of freedom and conditional conviction are implemented almost identically, but in the science of criminal law, there is no common position on the legal nature of the conditional conviction. The most important difference between restriction of freedom and conditional conviction is that the scope of restrictions on the right of a convicted person to punishment in the form of restriction of freedom is established in the law, and it is exhaustive, and the scope of restrictions on the right of a probationer can be both narrowed and expanded. Creation of alternatives to punishment in the form of imprisonment is one of the most important directions of modern criminal policy, both in Russia and abroad. This type of punishment in the future can be more ...

The study of the aspects of the appointment and execution of criminal punishment in the form of restraint of freedom shows the following results. The path of humanization of the criminal–executive law, creation and introduction of penalties in the alternative to imprisonment in criminal–executive practice, is one of the most promising options for the development and improvement of the system of criminal penalties. An analysis of the court practice in Novosibirsk demonstrates that the restriction on leaving the boundaries of a municipal formation in court practice is applied in approximately 82% of cases of imposing a penalty in the form of restraint of liberty. Concerning the definition of the place of permanent residence of the convict in practice causes difficulties, since the need for registration at the place of residence gives rise to many legal obstacles, and the actual stay of an individual is not legally recorded anywhere. Thus, a convicted person may reside in one region of the country, and be registered elsewhere, where there are no actual conditions for the person's residence during the period of serving a sentence in the form of restriction of freedom. This circumstance allows us to conclude that it is possible that these factors make it relatively rare for courts to impose a penalty in the form of restraint of liberty. In addition, the execution of this punishment is possible only through the use of technical means of control and supervision of convicts, since periodic inspections of the staff of the penitentiary inspectorate do not guarantee fulfilment of this restriction. This type of punishment includes a restriction on visits to certain places located within the territory of the relevant municipal formation and places of mass and other events and to participate in these events, but the notion of a mass event is not legally fixed. In this regard, the verdict must specify the specific types of mass and other events, to participate in which is prohibited, as well as specific places that are ...