scholarly journals CRIMINAL PUNISHMENT IN THE FORM OF ARREST: PROBLEMS AND PROSPECTS

2020 ◽  
Vol 6 (4) ◽  
pp. 52-60
Author(s):  
A. K. Teokharov ◽  
A. V. Chestnov
Keyword(s):  
Economic Conditions ◽  
Criminal Punishment ◽  
Penal Policy ◽  
Distinctive Features ◽  
Detention Centers ◽  
Points Of View ◽  
Criminal Penalties ◽  
Criminal Legislation

The article analyzes domestic and foreign criminal legislation regulating the execution of punishment in the form of arrest. Scientific points of view regarding the issues of regulation and execution of arrest in Russia are evaluated. Modern problems of execution of arrest are defined and ways of their solution are offered. The author's position on the essence of the arrest and its distinctive features is given. The authors conclude that in modern Russia, one of the important aspects that contribute to the formation of the system of punishments is the internal and external economic conditions. It is argued that it is impractical to exclude arrest from the system of criminal penalties. The conclusion is made that the arrest is not executed, as it goes against the modern penal policy. Separate amendments to the criminal and penal enforcement legislation are proposed. It is argued that in modern conditions it is necessary to provide for the execution of punishment in the form of arrest in pre-trial detention centers.

scholarly journals Special Military Criminal Penalties: Status and Prospects

2020 ◽  
Vol 4 (91) ◽  
pp. 67-71
Author(s):  
R.V. Zakomoldin ◽  
Keyword(s):  
Russian Federation ◽  
Military Personnel ◽  
Military Service ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Criminal Punishment ◽  
Data Types ◽  
The Russian Federation ◽  
Criminal Penalties ◽  
Criminal Legislation

Presents an analysis of the problems of legislative regulation and practice of applying special military types of criminal punishment under the current military criminal legislation of the Russian Federation. Close attention is paid to such types of military criminal penalties as deprivation of military ranks, restriction on military service, detention in a disciplinary military unit and arrest with detention in the guardhouse. The definition of “special military criminal penalties”is formulated. The classification of these punishments into types on various grounds is given. The author analyzes the shortcomings of the provisions of the criminal law regarding military criminal penalties, as well as the judicial practice of assigning these types of criminal punishment to convicted military personnel. In addition, proposals for amendments and additions to the existing military criminal legislation and in court practice to preserve data types of criminal punishment, an increase in the practice of their application and increasing their effectiveness. It is pointed out that it is necessary to identify the reasons for the non-use of certain types of military criminal penalties and eliminate them. Proposals aimed at excluding special military types of criminal punishment from the Criminal code of the Russian Federation have been criticized, since this trend excludes the declared variety of types of criminal punishment, does not allow taking into account the special status of subjects of criminal responsibility, which excludes the individualization and differentiation of criminal responsibility and criminal punishment of military personnel. The author’s position is supported by an analysis of the opinions of scientists, practical material, and legislative activities.

scholarly journals Confiscation of property as a criminal punishment

2021 ◽  
pp. 64-82
Author(s):  
М.Ф. Гареев
Keyword(s):  
National Security ◽  
Russian Federation ◽  
Criminal Law ◽  
The State ◽  
Criminal Punishment ◽  
Legal Nature ◽  
Legislative Regulation ◽  
The Russian Federation ◽  
Criminal Legislation

В статье рассматривается и обосновывается необходимость возобновления в уголовном праве института конфискации имущества в качестве уголовного наказания. Необходимость его возобновления обусловлена наличием ряда преступных деяний, представляющих угрозу обществу, государству, национальной безопасности Российской Федерации. В настоящее время законодательная регламентация конфискации имущества в качестве иной меры уголовноправового характера, вызванная неопределенностью его сущности, целевых установок и механизма назначения, не выполняет предупредительную задачу, установленную уголовным законодательством. The article discusses and substantiates the need to renew the institution of confiscation of property in criminal law as a criminal punishment. The need to resume it is due to the presence of a number of criminal acts that pose a threat to society, the state, and the national security of the Russian Federation. Currently, the legislative regulation of the confiscation of property as another measure of a criminal-legal nature, caused by the uncertainty of its essence, targets and the mechanism of appointment, does not fulfill the preventive task established by the criminal legislation.

scholarly journals ¿Qué es ser profesional docente?

10.14201/2812 ◽  
2009 ◽  
Vol 10 ◽  
Author(s):  
Jaime Sarramona López ◽  
Juana Noguera Arrom ◽  
Julio Vera Vila
Keyword(s):  
Personal Development ◽  
Development Process ◽  
Teaching Profession ◽  
Distinctive Features ◽  
Quality Of Teaching ◽  
Professional Quality ◽  
Recent Debate ◽  
Key Issues ◽  
Points Of View

RESUMEN: En este trabajo se pretende repensar algunos puntos claves del debate reciente sobre la profesionalización docente, analizando en concreto las tres cuestiones siguientes: ¿Qué es una profesión? ¿Cuáles son los rasgos diferenciales de la misma? ¿En qué medida podemos afirmar que el profesorado cumple los requisitos convencionales de las profesiones? Aunque hay un acuerdo generalizado acerca de la necesidad de mejorar el status profesional de la enseñanza, no hay coincidencia en la forma de conseguirlo. Para entender las diferentes posiciones, se analizan, además, los conceptos de profesionalismo y profesionalización, y se destaca la importancia de la formación como un proceso de desarrollo personal y profesional. Por último se tratan aspectos relacionados con la salud laboral y las enfermedades profesionales.ABSTRACT: This article proposes to rethink some of the key issues of the recent debate about the teaching profession, through the analysis of three specific aspects: What is a profession? What are its distinctive features? To what extent can we say that teachers are satisfying the demands of the profession? Although there is a general agreement about the need to improve the professional quality of teaching, there doesn't seen to be a way to achieve it. In order to understand the different points of view, there will also be an analysis of the notions of professionalism and professionalization, with an emphasis on the importance of formation as professional and personal development process. To conclude, the issues of laboral health and professional illnesses will be dealt with.

Forms of Outsourcing in Modern International Trade

2011 ◽  
pp. 65-72
Author(s):  
I. Kotlyarov
Keyword(s):  
International Trade ◽  
Distinctive Features ◽  
Points Of View

The paper contains an analysis of the existing types of outsourcing. It is demonstrated that outsourcing can be analyzed from managerial and economical points of view. A classification of types of outsourcing based on their economical nature is proposed. Distinctive features of outsourcing are put in evidence. Models of interaction between companies in case of outsourcing are described.

The Problem of Correlation Between the Criminal Policy Humanization and the Concept of Justice at Imposing Criminal Penalties in the Republic of Kazakhstan

2018 ◽  
Vol 9 (1) ◽  
pp. 147
Author(s):  
Meruyert MASSALIMKYZY
Keyword(s):  
Social Justice ◽  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Policy ◽  
Criminal Punishment ◽  
The Social ◽  
Penal Institution ◽  
The Republic ◽  
Feasible Solutions ◽  
Criminal Legislation

The article raises the problem of unjustified humanization of criminal legislation and the practice of imposing a punishment. Imposing a punishment as a legal category has been extensively studied in the works of national and foreign scholars specializing in criminal law. However, despite the importance of this institution both for the convict and for the society as a whole, this penal institution remains one of the most problematic ones. The existing conflict between the current criminal policy humanism and the concept of social justice in criminal legislation, the adequacy of a punishment to the social danger of the offense being a part thereof, makes enormous harm to all law enforcement activities. It also causes negative response in the society, thus reasonably attracting a heightened attention of criminologists and experts in criminal law and procedure. The purpose of this work, as the author sees it, is trying to find feasible solutions to one of the most urgent problems of imposing a punishment. Attention is drawn to the fact that the concept of humanism has two aspects and implies, first of all, the protection of interests of law-abiding citizens. The author considers topical issues concerning the observance of the rights of victims through the solution one of the main tasks of criminal law, namely: to restore social justice by imposing a proportionate criminal punishment. Certain provisions of the theory of criminal punishment, as well as the practice of imposing punishment by the court, are studied here. Insufficient development of norms in the current criminal legislation can create problems in law enforcement, which, in turn, can lead to a significant violation of the victims’ rights. The author makes recommendations that can contribute to the improvement of the penal system consistent with the principle of humanism, considering the interests of the victims.

scholarly journals Research of Criminal Punishment in Russian Dissertation Theses: Key Trends in 2010-2019

2019 ◽  
Vol 13 (5) ◽  
pp. 825-836
Author(s):  
Alexei Kibalnik ◽  
Pavel Volosyuk ◽  
Rustam Abdulgaziev
Keyword(s):  
Criminal Law ◽  
Capital Punishment ◽  
Criminal Punishment ◽  
Functional Theory ◽  
The Past ◽  
Legal Nature ◽  
New Ideas ◽  
Positive Feature ◽  
Definition Of ◽  
Criminal Legislation

The article aims to reveal key trends in the studies of the problems of criminal punishment based on the analysis of Russian dissertation theses in the past decade (2010–2019). The authors stress that the problems of punishment are «eternal» for Russian and Western doctrines of criminal law, although there is some difference in their research trends. The authors conclude that Russian doctrine preserves continuity in its definition of punishment as a major category of criminal law, as well as of its attributes and goals. In 1990–2000s there were some attempts to renounce the penal nature of punishment. In the past decades this «bias» has been overcome and practically all authors recognize the priority of the penal character (content) of criminal punishment. At the same time, the doctrine incorporated new ideas regarding the understanding of the goals of punishment, their hierarchy and the actual possibilities of achieving them. The authors note that the positive feature of the Russian doctrine is the substantiation of the «functional» theory of building a system of punishments in criminal legislation. On the other hand, researchers have come to a disappointing conclusion regarding the breach in the orderly structure of the system of punishments. The analysis of Russian dissertation theses has shown that in 2010–2019 most attention was focused on «final» punishments (capital punishment and life imprisonment), imprisonment for a certain period of time, some punishments not connected with the deprivation of liberty (limitation of liberty, obligatory work). The authors point out that there remains a discrepancy in the understanding of the legal nature, purpose and effectiveness of these types of punishment (primarily, capital punishment, which is preserved in criminal legislation).

scholarly journals PROBLEMS OF LEGISLATIVE REGULATION OF THE MURDER OF A NEWBORN CHILD BY A MOTHER (ARTICLE 106 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION)

2021 ◽  
Vol 31 (4) ◽  
pp. 639-646
Author(s):  
E.R. Gafurova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Sociological Study ◽  
Distinctive Features ◽  
Judicial Practice ◽  
Newborn Child ◽  
The Russian Federation ◽  
Legislative Structure ◽  
Criminal Legislation

This article examines the features of the Russian criminal law norm that provides for liability for the murder of a newborn child by a mother. We analyzed the data of the Judicial Department on the statistics of convicts for 2016 and 2019 under Article 106 of the Criminal Code of the Russian Federation in relation to the indicators of other privileged elements of murder, indicating the latency of this type of crime. The article also examines some features of the legislative structure of Article 106 of the Criminal Code of the Russian Federation, accompanied by examples of judicial practice. The article examines the criminal law norms providing for responsibility for infanticide, the legislation of Italy, Austria, Switzerland, Holland and Denmark, and highlights the distinctive features of Article 106 of the Russian criminal legislation. The article presents proposals for possible improvement of the norms of the Criminal Code of the Russian Federation on responsibility for the murder of a newborn child by a mother, confirmed by the indicators of a sociological study.

scholarly journals The goals of criminal punishment as a reflection of modern criminal policy

2020 ◽  
Vol 14 (3) ◽  
pp. 324-330
Author(s):  
V.V. Popov ◽  
◽  
S.M. Smolev ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Policy ◽  
Criminal Code ◽  
Practical Implementation ◽  
Criminal Punishment ◽  
The Social ◽  
The Russian Federation ◽  
Criminal Legislation

The presented study is devoted to the issues of disclosing the content of the goals of criminal punishment, analyzing the possibilities of their actual achievement in the practical implementation of criminal punishment, determining the political and legal significance of the goals of criminal punishment indicated in the criminal legislation. The purpose of punishment as a definition of criminal legislation was formed relatively recently, despite the fact that theories of criminal punishment and the purposes of its application began to form long before our era. These doctrinal teachings, in essence, boil down to defining two diametrically opposed goals of criminal punishment: retribution and prevention. The state, on the other hand, determines the priority of one or another goal of the punishment assigned for the commission of a crime. The criminal policy of Russia as a whole is focused on mitigating the criminal law impact on the offender. One of the manifestations of this direction is the officially declared humanization of the current criminal legislation of the Russian Federation. However, over the course of several years, the announced “humanization of criminal legislation” has followed the path of amending and supplementing the Criminal Code of the Russian Federation: introducing additional opportunities for exemption from criminal liability and punishment, reducing the limits of punishments specified in the sanctions of articles of the Special Part of the Criminal Code of the Russian Federation, and including in the system of criminal punishments of types of measures that do not imply isolation from society. At the same time the goals of criminal punishment are not legally revised, although the need for such a decision has already matured. Based on consideration of the opinions expressed in the scientific literature regarding the essence of those listed in Part 2 of Art. 43 of the Criminal Code of the Russian Federation, the goals of punishment are determined that each of them is subject to reasonable criticism in view of the abstract description or the impossibility of achieving in the process of law enforcement (criminal and penal) activities. This circumstance gives rise to the need to revise the content of the goals of criminal punishment and to determine one priority goal that meets the needs of modern Russian criminal policy. According to the results of the study the conclusion is substantiated that the only purpose of criminal punishment can be considered to ensure proportionality between the severity of the punishment imposed and the social danger (harmfulness) of the crime committed. This approach to determining the purpose of criminal punishment is fully consistent with the trends of modern criminal policy in Russia, since it does not allow the use of measures, the severity of which, in terms of the amount of deprivation and legal restrictions, clearly exceeds the social danger of the committed act. In addition, it is proportionality, not prevention, that underlies justice – one of the fundamental principles of criminal law.

scholarly journals Of systemic forms of punishment: the example of the criminal laws of the Russian Federation and the Republic of Kazakhstan

2015 ◽  
Vol 11 (1) ◽  
pp. 105-109
Author(s):  
V Rozenko Stanislav
Keyword(s):  
Russian Federation ◽  
The Russian Federation ◽  
Systematic Development ◽  
Criminal Penalties ◽  
The Republic ◽  
Criminal Legislation

The article deals with the systematic development and improvement of types of criminal penalties in the criminal legislation of the Russian Federation and the Republic of Kazakhstan.

Sign in / Sign up

Export Citation Format

Share Document