from 01.01.2016 until now
the East Siberian Institute of the Ministry of Internal Affairs of Russia (the Department of Criminal Law and Criminology, Associate Professor)
from 01.01.2016 to 01.01.2023
Irkutsk, Irkutsk region, Russian Federation
VAC 5.1.4 Уголовно-правовые науки
UDK 34 Право. Юридические науки
GRNTI 10.00 ГОСУДАРСТВО И ПРАВО. ЮРИДИЧЕСКИЕ НАУКИ
OKSO 40.00.00 Юриспруденция
BBK 6 ОБЩЕСТВЕННЫЕ НАУКИ
TBK 7 ОБЩЕСТВЕННЫЕ НАУКИ. ЭКОНОМИКА. ПРАВО.
BISAC LAW LAW
The article analyzes the effectiveness of other measures of a criminal law nature, suggests ways to improve it, and addresses issues of improving criminal law norms on these measures. The goals of each measure of a criminal legal nature have been studied, based on which the feasibility of highlighting specific measures in the law has been analyzed. A review of opinions regarding the legislative regulation of other measures of a criminal legal nature was carried out. The correlation of other measures of a criminal legal nature with other related institutions was carried out, and the possibility of combining several institutions into one was considered. The influence of other measures of a criminal legal nature on recidivism is considered. Particular attention is paid to the confiscation of property from the standpoint of expanding the scope of its application. Emphasis is placed on the dual legal nature of a judicial fine, which violates the structure of the General Part of the Criminal Code of the Russian Federation and the logic of application of the law. The procedure for applying compulsory medical measures, which does not allow fully achieving the goal of ensuring safety, has been assessed. Particular attention is paid to the category of «substantiality of harm», which has not received adequate coverage in regulatory documents, which has led to contradictions in its assessment, and, accordingly, contributed to the formation of different approaches to resolving the issue of the use or non-use of compulsory medical measures. It is concluded that there are different origins of the reasons why this or that measure of a criminal legal nature is little used in practice or, despite its active use, does not bring the expected results. Proposed amendments to the Criminal Code of the Russian Federation, as well as to the corresponding resolution of the Plenum of the Supreme Court of the Russian Federation, concerning the specifics of imposing a judicial fine, facts and circumstances to be assessed by the court when making such a decision, as well as regulating the procedure for applying confiscation of property to persons committing illegal trafficking narcotic drugs and psychotropic substances. It is recommended to clarify at the legislative level the concept of “substantiality of expected harm”, which determines the final decision on the application of compulsory medical measures to a specific person.
other measures of a criminal legal nature, compulsory measures of a medical nature, confiscation of property, court fine, exemption from criminal liability, significance of expected harm, criminal legal impact.
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5. Kulikov, A. V., Hibners, YU. A. Problemy naznacheniya i primeneniya konfiskacii imushchestva [Problems of purpose and application of property confiscation]. Izvestiya Tul'skogo gosudarstvennogo universiteta. Ekonomicheskie i yuridicheskie nauki. - News of Tula State University. Economic and legal sciences. 2021. № 1. Pp. 39-46. (in Russian).
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