System of criminal penalties of Russian federation: legal regulation and sentencing practice
Система уголовных наказаний в Российской Федерации: правовое регулирование и практика назначения наказаний
2019-01-01
SCID: 54.1/5498mdeh
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Russian Federation Criminal Codecriminal law sanctionscriminal penaltieslegislative reformsentencing practice
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Abstract (AI)
The article presents the questions of constructing a system of criminal penalties under the legislation of the Russian Federation, the problems of imposing various types of punishments taking into account the rules for constructing criminal law sanctions. Changes and additions, various types of criminal penalties, including the content of sanctions in the articles, lead to an imbalance in the principles of their construction. The punishment system is currently in need of reform. An analysis of the sanctions of the articles of a special part of the Criminal Code of the Russian Federation revealed inconsistencies with the requirements of legislative equipment in their development, which creates serious difficulties in the appointment of sentences by the courts. Penalties under criminal law sanctions include punishment in the form of punishment, forced labor, imprisonment for a specified period. The legislation does not take into account the nature and degree of threat to crimes committed in the formation of sanctions articles. Criminal law and criminal law protection, and criminal procedural requirements, and punishments. In accordance with the peculiarities of the formation of the punishment system, the creation of criminal sanctions, as well as taking into account the goals of punishment in the domestic criminal law, which allows us to develop recommendations on the preparation of sanctions for articles of the criminal code of the Russian Federation.
Key Findings
1
Analysis of Special Part Criminal Code sanctions identified inconsistencies with legislative drafting requirements, complicating courts’ sentencing decisions.
2
Existing sanctions include fines, compulsory labor, and fixed-term imprisonment, but their structure does not consistently reflect crimes’ nature and degree of danger.
3
The Russian Federation’s criminal-penalty system requires reform because amendments and additions have created imbalances in the construction of punishment sanctions.
4
The study develops recommendations for drafting Criminal Code sanctions based on punishment-system design, criminal-law protection, procedural requirements, and punishment objectives.
Research Object
The system of criminal penalties and criminal-law sanctions under the legislation of the Russian Federation
Research Subject
The legal construction, proportionality, and sentencing application of criminal penalties and sanctions, including their alignment with legislative requirements and the nature and degree of criminal threat
Publication Details
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2019-01-01
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