The system of punishments according to the Criminal Code of the Russian Federation. What is the system of punishments under Russian criminal law? Criminal punishment

Introduction

The system of penalties in criminal law

1 Concept of the punishment system

2 Composition and main elements of the punishment system

Types of punishments and their characteristics

2 Deprivation of the right to hold a certain position or engage in certain activities

3 Deprivation of a special, military or honorary title, class rank and state awards

4 Mandatory work

5 Correctional labor

6 Restriction on military service

7 Restriction of freedom

8 Forced labor

10 Deprivation of liberty for a specified period

11 Life imprisonment

Bibliographic list

Introduction

At the present stage of development of society, criminal punishment is called upon to play a major role in the fight against crime. The need for widespread use of punishments in the fight against crime is indicated by the fact that recently the crime situation in the country has become so complicated that at the moment crime is a real threat to social and economic development and the reliability of the state. This is the relevance of the topic of the course work. Therefore, the correct definition of the essence, content and goals of the punishment system is one of the burning issues of the science of law and practice of combating crime.

The punishment system, being a product of human activity, is designed to regulate social relations. The problem of "crime-punishment" began to exist from the time of the appearance of mankind and has survived to our times. Until that day, scientists from all over the world are trying to improve it, which means to solve the issue of lawlessness.

Criminal penalties applied in Russian Federation are very diverse. The legislator establishes measures of state coercion in order to provide the court with the opportunity, when passing a sentence, to choose a punishment adequate to the nature of the crime committed, the degree of public danger of the person who committed the crime, which maximally contribute to both its correction and the restoration of justice and the prevention of further crimes. For this, the legislator gives a list of types and distributes punishments in a certain sequence. In the Russian legal literature, this is commonly referred to as the system of criminal penalties.

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The aim of the course work is to study the system of types of punishment in Russian criminal law. To achieve our goals, we will solve the following tasks:

Define the concept of a punishment system under the Criminal Code of the Russian Federation (hereinafter referred to as the Criminal Code of the Russian Federation).

Expand the composition and consider the main elements of the punishment system.

Describe the types of punishments.

1. The system of penalties in criminal law

1.1 Concept of the punishment system

The system of criminal penalties is well-formed if it is built taking into account specific principles. When drawing up a system of punishments, it is necessary to be guided by the following starting points, such as:

) The principle of humanism. It lies in the fact that its use is possible only when other measures of influence are less effective or impossible to achieve the goals of criminal legislation. At the same time, the punishment does not carry the purpose of belittling a person's dignity or causing harm to health. On the contrary, in order to mitigate the position of the convicted person, his age, physical condition, living conditions of his family and others are taken into account.

) The principle of the legality of punishment implies that a criminal one can be imposed only by a court and exclusively to a person who has committed a criminal act. It means that the court, when choosing the size and type of punishment, is limited by the limits of criminal law: the framework of the sanction of the article of the Special Part and the rules of the General Part of the Criminal Code.

) The principle of recoverability of types of punishment. According to this principle, the convicted person can count on compensation for material and moral harm in case of rehabilitation or miscarriage of justice. The inclusion of the death penalty in the punishment system is inconsistent with this principle. Perhaps that is why the death penalty is enshrined in Part 2 of Art. 20 of the Constitution of the Russian Federation and in Art. 59 of the Criminal Code of the Russian Federation as an exceptional punishment;

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) The principle of economy of repression . He warns the law enforcement officer against applying excessive punitive measures to the culprit. These measures must be satisfactory to the minimum in order to achieve criminal penalties.

) The principle of inadmissibility. The prohibition of keeping in the system such types of punishments that have neither term nor size, thereby excluding the individualization of punishment by the court (Art. 48 of the Criminal Code of the Russian Federation);

) The principle of economy. Selection and consolidation in the Criminal Code of the Russian Federation of types of punishments that do not require large economic costs when they are carried out by authorized state bodies;

) The principle of taking into account historical traditions, moral and religious opinions of the population. This principle boils down to the requirement to preserve the types of punishment that have developed historically and which correspond to the expectations of the population;

) The principle of justice. Firstly, it means that the guilty person, together with the corrective and educational influence, is obliged to feel the punitive measure of the influence, but not physical harm. Secondly, it means that the prescribed punishment must correspond to the personality of the convicted person, the level of social danger of the crime, the conditions for its commission - to be adequate to the committed criminal act.

) The principle of guilt implies that punishment is applied only to persons whose guilt in committing crimes has been established and proven in court.

The principles of constructing a system of punishments cannot be foundations given forever. They are changeable depending on the political actions of the state in the fight against the criminal sphere at one time or another, on the religious and moral opinions and cultural values of the people and on the goals of punishment.

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And yet, in one thing they coincide - they always more or less equally reflect humanity and universal human values in the use of criminal punishment as a way to combat the criminal contingent.

Main feature Russian system punishments under criminal law is the presence in it of many different types of punishments and significant differences between them.

The punishment system is classified as follows:

The penalties included in the system are determined only by criminal law. The type of punishment, its size, the procedure for the appointment and release from it is determined only by the Criminal Code of the Russian Federation.

The list of punishments included in the system is required for execution by the court. When administering justice, the court can impose only that punishment that is included in the system, and only within the limits that are provided for in it.

The penalties in the system are arranged in a certain sequence. Usually, all punishments in Russian criminal law were placed according to the principle "from more severe to less severe."

The list of punishments included in the system is exhaustive. This suggests that now the punishment system is a complete unity. The court has the right to apply the measure to the convicted person, which is already provided for by the criminal law.

In real Russian law, this comprehensive list of punishments is spelled out in article 44 of the Criminal Code of the Russian Federation:

fine;

deprivation of the right to engage in certain activities or hold a certain position;

deprivation of a special, military or honorary title, class rank and state awards;

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As a basis for submission for release from serving a sentence of convicts sentenced to imprisonment (approved by order of the Ministry of Health of the Russian Federation and the Ministry of Justice of the Russian Federation from 9 ... the release of the convict in whole or in part and from additional punishment. , military or honorary rank ...

compulsory work;

correctional labor;

restriction on military service;

restriction of freedom;

forced labor;

arrest;

imprisonment for a specified period;

life imprisonment;

the death penalty.

There is also a truncated or additional punishment system designed for minors. It consists of 6 types of punishments (Article 88 of the Criminal Code of the Russian Federation): a fine, deprivation of the right to engage in certain activities, compulsory work, correctional labor, restriction of freedom, imprisonment for an indefinite period. Based on the principle of humanity towards minors, legislators have reduced the size and duration of sentences compared to sentences for adults.

In general, the types of punishments have a number of both common and unique features that allow them to be classified according to different criteria.

.2 Composition and main elements of the penal system

The punishment system, like every system, has its own composition, and hence its main elements. In the teachings of criminal law, the gradation follows on specific grounds: on the subject, on the application; by the way they were intended; according to the method of action on the guilty party upon their appointment; by the ability to determine the term.

According to the method of imposing punishment, they are classified into three groups:

) basic;

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) additional;

The main punishments are imposed only independently, are more severe and cannot be added to other punishments.

The main punishments are: compulsory labor, correctional labor, restraint of liberty, forced labor, arrest, detention in a disciplinary military unit, imprisonment for a certain period, life imprisonment, death penalty.

Additional ones are assigned to the main ones and cannot be independent. Additional punishments are assigned to the main one to strengthen it. This allows us to make punishment as individualized as possible, taking as a basis the nature and degree of social danger of the committed act and the guilty one. Accordingly, Part 3 of Art. 45 of the Criminal Code of the Russian Federation, deprivation of a special, military or honorary title, class rank and state awards is the only additional punishment. But in the original version of this article, the confiscation of property was also attributed to an additional type of punishment. Then she was expelled and attributed to other measures of a criminal-legal nature.

Deprivation of the right to hold a certain position or engage in certain activities cannot be applied as an additional punishment if this punishment is provided for by the sanction of an article of the Special Part of the Criminal Code of the Russian Federation as the main type of punishment.

Mixed - punishments that impose both the main and additional punishment. This is a fine and deprivation of the right to hold a certain position or engage in certain activities.

As the main punishment, they are imposed in cases indicated by the sanction of the article of the Special Part of the Criminal Code of the Russian Federation. As an additional punishment, a fine can be imposed only when it is expressly provided for by the General Part of the Criminal Code of the Russian Federation (Part 4 of Article 46).

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Well, and the deprivation of the right to hold a certain position or engage in a certain activity - in any circumstances, when the court, taking into account the nature, level of social danger of the crime and the personality of the convict, considers it legal that it is unrealistic to leave him the right to hold a certain position or engage in certain activities.

The presence of mixed punishments does not lead to the arrival of exceptional features in determining their degree of severity, tk. in each individual case, such punishment is applied either as the main one or as an additional one.

In the Criminal Code of the Russian Federation, other gradations of types of punishment are not prescribed, however, they are generally known to the doctrine of criminal law. So, depending on the duration of the punitive action, punishments are divided into two types: urgent and one-time.

Urgent - punitive measures in which the smallest maximum period for which they will be assigned by court verdict is set. A special type of punishment is imprisonment for life.

One-step - punitive measures are such that they are isolated from the term of their serving. This is a fine, deprivation of a special rank, class rank and state awards, and the death penalty.

There is another species classification, which provides for a gradation of punishments into general and special. The basis for the division is the subject for whom the punishment is imposed.

General are those punitive measures that can be applied to any guilty person. The most striking example is imprisonment for a certain period.

Special are punitive measures that are applied to a very limited circle of perpetrators by law, for example, military personnel.

In my opinion, the most significant gradation is the classification of punishments depending on the nature of the impact of punishment. They can be divided into three groups:

) punishments that are not limited to the isolation of the convicted person from society;

) punishment, reduced to the isolation of the convicted person from society;

) an exceptional type of punishment is the death penalty.

2. Types of punishments and their characteristics

2.1 Penalty

A fine is the mildest type of punishment, therefore it is in the first place in the punishment system. As the main punishment, a fine is applied for criminal acts of small and medium gravity, but, in certain cases, as such, it can be imposed for serious crimes (part 3 of article 158, part 3 of article 159 of the Criminal Code of the Russian Federation, etc.). ).

As an additional punishment, a fine is imposed as selective (part 3 of article 141, part 2 of article 161 of the Criminal Code of the Russian Federation), and as a mandatory punishment (part 2 of article 162, part 2 of article 175 of the Criminal Code of the Russian Federation).

The fine is applied as a lump sum of wages or other income of the guilty person for a period from 2 weeks to 5 years in the amount of 2500 to 1 million rubles. (taking into account the changes and additions made to the Criminal Code of the Russian Federation by the Federal Law of 08.12.03 N 162-FZ).

Along with this, the largest amount of the fine (from 500 thousand rubles or in the amount of wages or other income of a convicted person for a period of more than three years) is in accordance with Part 2 of Art. 46 can be appointed only for grave or especially grave criminal acts.

The most important thing is that the punishment in the form of a fine should be actually executed. In view of this, the legislator has increased the conditions that must be identified by the court and accepted when applying a fine. The amount of the fine, as stated in Part 3 of Art. 46 of the Criminal Code of the Russian Federation, are appointed taking into account the severity of the crime and the property situation of the perpetrator and his family, as well as taking into account the admissibility of the perpetrator's acceptance of wages or other income. The court has been given the right to impose a fine with payment by installments in specific installments for up to 3 years. Drawing a conclusion from the meaning of the law, this installment plan can be provided to the perpetrator both during the sentencing and in the execution of punitive measures.

The system of this kind of execution of punishment, like a fine, is determined by the Criminal Executive Code (PEC RF).

It is necessary that the payment of the fine in case of its payment by installments does not last more than the established 3 years.

The law provides for the possibility of malicious evasion of the payment of a fine, that is, cases when a convicted person, having the opportunity to pay a fine, does not do this, despite a warning from the bailiff. For example, he quits his job, hides his income and property from the inventory, or already described property, on which a fine is levied. The legislation specifies the procedure for replacing a fine in case of payment evasion. In case of evasion of payment of a fine applied as the main punishment, it is replaced by the punishment prescribed by the sanction of the corresponding article of the Special Part of the Criminal Code of the Russian Federation.

The penalty in the form of a fine is executed at the place of residence of the convicted person. The writ of execution is transferred to the bailiff-executor at the place of residence, or at the place of work, or at the location of the property. When executing punishment outside the place of residence performance list sent to the administration of the correctional center, detention house or correctional institution.

.2 Deprivation of the right to hold a certain position or engage in certain activities

Deprivation of the right to hold certain positions or engage in certain activities is applied both as the main and as an additional punishment.

The significance of this punitive measure is that, by a court decision, the convicted person is excluded from access to the position or activity that he used to commit a criminal act.

The legislation prescribes a ban on holding positions in the civil service, in the local government or in a specific professional or other activity (Art. 47 of the Criminal Code of the Russian Federation).

Deprivation of the right to engage in certain professional or other activities prescribes an unlimited range of occupations and other use of their knowledge for the guilty. It can be a driver (part 1 of article 266 of the Criminal Code of the Russian Federation), an information technology engineer (part 1 of article 264 of the Criminal Code of the Russian Federation), a computer programmer (part 1 of article 274 of the Criminal Code of the Russian Federation), as well as a person who works in a commercial or other organization and incurred responsibility for the commission of unlawful acts prescribed by Art. 201−204 of the Criminal Code of the Russian Federation.

Most often, this type of punishment is assigned as the main and additional when it is directly spelled out in the sanctions of the article of the Special Part of the Criminal Code of the Russian Federation. However, this type of punitive measures is imposed as an additional punishment when it is not prescribed by the relevant article of the Special Part of the Criminal Code of the Russian Federation as a punishment for a crime. Such a decision is made by the court if, taking into account the nature and level of social danger of the crime and the personality of the convicted person, it should be found unrealistic to retain the right of the guilty person to occupy a certain position or engage in certain activities.

For example, for involving a minor in the constant use of alcoholic beverages, committed by a teacher on the basis of harm to health or the threat of causing it, a punishment of up to 6 years is prescribed (part 3 of article 151 of the Criminal Code of the Russian Federation).

Additional punishment in the form of the right to hold a certain position or engage in certain activities, in contrast to Part 2 of Art. 151 of the Criminal Code of the Russian Federation, not provided. Under the previously determined conditions, the court will declare it impossible to abandon the right to engage in pedagogical activity and will decide to deprive him of the right to engage in this activity for up to 3 years.

Also, the time of calculation of this type of punishment is prescribed in the Criminal Code, when it is applied as an additional punishment. Namely, if the additional punishment is applied to the main punishment, which is being served in reality, then the term for its expulsion begins from the moment the actual served punishment ends.

Deprivation of the right to hold a certain position or engage in certain activities when applied as the main punishment or as an additional one is executed at the place of residence of the perpetrator by the criminal executive inspectorate. This function is spelled out in paragraph "a" of Art. 4 of the Regulations on Criminal Execution Inspections, approved by the RF Government Decree of June 16, 1997 No. 729.

.3 Deprivation of a special, military or honorary title, class rank and state awards

This punishment may be imposed for the commission of a grave or especially grave criminal offense only as an additional type of punishment. This punishment is not prescribed in the sanction of the article. However, it should be borne in mind that the court can apply such a punishment only after a detailed study of the identity of the perpetrator and a clear statement in the verdict of the motivation for the decision taken (Article 48 of the Criminal Code of the Russian Federation).

The main task of this punishment is, firstly, the moral and psychological action on the guilty person (the abolition of the universal recognition of a person's worthy merits), and secondly, the prohibition of certain benefits and privileges for him. This allows us to define him as a property punishment.

The court has the right to independently, by decision, take away from the guilty person any special, or military, or honorary title, state award or class rank, and it does not matter which body or which official awarded him this rank, title, or awarded him an award.

The problem of stripping the ranks can be solved both in relation to persons who are in the civil service, and in relation to persons who have retired. The court does not have the right to deprive the guilty person of academic titles and degrees. The court must inform the body that conferred this rank, title, award about the deprivation of a guilty title, rank or award, sending a copy of the decision upon its entry into force.

.4 Mandatory work

punishment corrective deprivation freedom

Punishment - compulsory work - appeared in the Criminal Code of the Russian Federation and the PEC of the Russian Federation as similar and widespread public works in the world. The appointment of community service is approved in many international legal acts containing the issue of the use of punitive measures, alternative to imprisonment.

Compulsory work may be prescribed by the court only in the form of the main punishment. This type of punishment consists in the performance by the guilty person of free socially useful work in their free time from their main activity or study (Article 49 of the Criminal Code of the Russian Federation).

In terms of its punitive elements, compulsory labor is similar to correctional labor, however, they are inferior to them in terms and the meaning of legal restrictions.

The PEC of the Russian Federation determines that compulsory work is used by criminal executive inspectorates at the main job, service or study, at the permanent place of residence of convicts; According to Art. 49 of the Criminal Code of the Russian Federation, compulsory work is assigned for a period of 60 to 480 hours and no more than 4 hours a day.

The main condition for imposing a punishment such as compulsory work is to involve the perpetrator in useful social work.

Labor can be of any quality, even labor-consuming activity, it is not connected with the specialty of the convict and his main work. A convicted person has no right to refuse to perform compulsory work without good reason. Obligatory work cannot be a means of humiliating the honor and dignity of the guilty person or have the character of torment.

The days off and the provision of the convict with a working leave at the main place of work does not suspend the punishment in the form of the performance of compulsory work. However, the offender cannot be involved in the performance of compulsory work during a sick state of health or when any situation arises that interferes with the execution of this punishment. The execution of the punishment is also suspended if the convicted person fails to appear at the place of performance of compulsory work for disrespectful reasons. In this case, serious consequences will ensue for the convicted person, as Art. 29 of the PEC RF.

In the event of unlawful evasion of punishment in the form of compulsory work, the court has the right to replace them with punishment in the form of forced labor or imprisonment. In the event that compulsory work is replaced by another type of punishment, the term served in compulsory work is credited to the period of serving the new type of punishment, based on the calculations established by Part 3 of Article 49 of the Criminal Code of the Russian Federation.

The imposition of punishment in the form of compulsory work is inevitably associated with the use of physical strength and the performance of physical work. Therefore, Part 4 of Article 49 of the Criminal Code of the Russian Federation describes the categories of persons to whom it is not possible to apply punishment in the form of compulsory work. These are the disabled of group I, pregnant women, women with children under the age of 3 years, military personnel doing military service by conscription, under contract in the positions of privates and sergeants, if they have not served at the time of sentencing the deadline conscription services.

2.5 Correctional labor

Correctional labor is assigned only to a convict who does not have a permanent place of work, and is served in places determined by the local government in the area of the convict's residence.

Correctional labor is imposed only in the form of the main type of punishment for a period of 2 months to 2 years. The way to carry out the punishment in the form of correctional labor is determined by Articles 39-46 of the RF PEC.

Deductions are made from the wages of the convicted person to the state income in the amount established by the verdict, from 5 to 20% every month.

In Art. 40 of the RF PEC establishes a number of conditions for the performance of correctional labor, which the convicted person must comply with. These restrictions are both general and specific for this type of punishment. Some of the conditions do not contain punitive elements and are addressed directly to the convicted person, others express the punitive nature of the punishment.

General conditions - the convicted person is obliged to: comply with the established procedure for the execution of the sentence; take responsibility for work.

The special conditions for the execution of punishment include: duties and prohibitions determined for the guilty person by the criminal executive inspectorate; the procedure for withholding a convicted person from earnings; the impossibility of dismissing the punishable from the place of permanent work at his own request.

The common features of the above conditions for the execution of punishment are their irreversibility and the occurrence of adverse consequences for the sentenced person in the event of malicious evasion.

The term of execution of the sentence does not take into account the time during which the convict did not work and, accordingly, he was not paid wages, as well as the time spent on vacation, excluding the preservation of earnings; truancy; illness caused by alcoholic, drug or toxic intoxication; serving an administrative penalty as arrest or correctional labor, as well as holding in custody as a measure of restraint for a new crime.

For failure to comply with the procedure and conditions for the execution of punishment as correctional labor, a penalty is prescribed in a written warning about the replacement of correctional labor with an alternative type of punishment. Part 4 of Art. 50 of the Criminal Code of the Russian Federation states that forced labor or imprisonment can become an alternative type of punishment.

Correctional labor does not apply to disabled persons of group I, pregnant women and women with children under the age of three.

2.6 Restriction on military service

Restriction on military service is a new punishment in the criminal law associated with certain restrictions on a soldier regarding his direct service, as well as his financial situation. Restrictions on military service can be imposed on a soldier serving under a contract for committing crimes against military service for a period from 3 months to 2 years; this type of punishment cannot be applied to a conscript serviceman.

Restrictions on military service may be imposed instead of corrective labor, but only if they are provided for by the relevant article of the Special Part of the Criminal Code of the Russian Federation; for example, a soldier was convicted not for a military crime, but under Part 1 of Art. 167 of the Criminal Code of the Russian Federation (deliberate destruction or damage to someone else's property), for which punishment is provided in the form of correctional labor for up to one year.

The peculiarity of this type of punishment lies in the fact that a deduction is made from the money allowance of the convicted person to the state income in an amount not exceeding 20%; while serving the sentence, the convicted person cannot be promoted in position, military rank, and the term of punishment is not counted in the term of service for the assignment of the next military rank.

Control over the execution of a sentence in the form of a restriction on military service is entrusted to the commander of a military unit, who is obliged to issue an order within three days after receiving a copy of the sentence and an order on its execution, establishing the procedure for the execution of the sentence, which is notified to the court in the next three days. who passed the verdict. A copy of the verdict is also sent to the court. The full procedure for the execution of a sentence in the form of restrictions on military service is specified in Articles 143-148 of the RF PEC.

2.7 Restriction of freedom

Restriction of freedom consists in the establishment by the court of the convict of certain restrictions, for example, not to visit certain places, not to leave the territory municipality, do not change their place of residence, do not leave their place of work, etc. This type of punishment competes with imprisonment in settlement colonies. If we compare the relevant provisions of Chapter 8 of the Criminal Code of the Russian Federation, regulating the procedure and conditions for serving a sentence in the form of restriction of freedom and Art. 129 of the RF PEC, which determines the conditions for serving imprisonment in settlement colonies, it is clear that they are almost identical.

Restriction of liberty is imposed for a term of two months to four years as the main type of punishment for crimes of little gravity and crimes of average gravity, as well as for a term of six months to two years as an additional type of punishment to forced labor or imprisonment in cases provided for relevant articles of the Special Part of the Criminal Code of the Russian Federation.

In case of restriction of freedom, convicts serve their sentences in special institutions - correctional centers. They are under supervision and are obliged, in particular, to work where they are directed by the administration of the correctional center, to constantly stay within the correctional center and not leave it without special permission, to live, as a rule, in hostels specially designed for convicts and not to leave without permission. them at night. Convicts who do not violate the Internal Rules of Correctional Centers and have a family may be allowed to live with their family in a rented or their own living space.

Malicious evasion from serving the restriction of freedom is recognized as: unauthorized (without good reason) leaving the territory of the correctional center by the convict; failure to return or untimely return to the place of serving the sentence; leaving the place of work or residence. The time during which the convicted person avoided serving the sentence shall not be counted in the term of serving the sentence. In this case, the court, upon the recommendation of a specialized government body supervising the serving of a sentence of restraint of liberty by convicted persons may replace the unserved part of the punishment with forced labor or imprisonment at the rate of one day of forced labor for two days of restraint of liberty or one day of imprisonment for two days of restraint of liberty.

2.8 Forced labor

Article 44 of the Criminal Code of the Russian Federation, which contains a list of all existing types of criminal punishments, was supplemented on December 7, 2011 with clause "z.1", which fixed the place of forced labor in the hierarchy of punishments - between restriction of freedom and arrest. Thus, already from the mere fact of such a placement of a new punishment in common system of criminal penalties, it can be concluded that this punishment is associated with restriction or imprisonment and, therefore, is rather severe.

Part 1 of Article 45 of the Criminal Code of the Russian Federation classifies forced labor as one of the main types of punishment. Article 53.1 of the Criminal Code of the Russian Federation regulates the general principles of its application: forced labor is used as an alternative to imprisonment in cases provided for by the relevant articles of the Special Part of the Criminal Code of the Russian Federation, for committing a crime of minor or medium gravity, or for committing a serious crime for the first time.

Having imposed a punishment in the form of imprisonment, the court has the right to replace this punishment with forced labor if it is possible to correct the convicted person without actually serving the sentence in the form of imprisonment.

However, forced labor cannot be imposed in the event of a sentence of imprisonment for more than 5 years. This provision is reflected in the established deadlines for a new type of punishment - forced labor is imposed for a period of 2 months to 5 years (part 4 of Art. 53.1 of the Criminal Code).

According to parts 3 and 5 of Art. 53.1 of the Criminal Code of the Russian Federation, forced labor consists in bringing a convicted person to work in places determined by institutions and bodies of the penal system. At the same time, deductions are made from the convict's salary to the state income, transferred to the account of the corresponding territorial body of the penal system, in the amount established by the court verdict, but in the range from 5 to 20%.

The conditions for attracting a person serving forced labor to work and paying him wages are established by Art. 60 of the RF PEC and boil down to the following:

the convicted person does not have the right to refuse the job offered to him;

the convicted person is entitled to an annual paid leave of 18 calendar days;

the salary is given to the convicted person minus the deductions (which consist of the amount provided for by the court verdict and compensation to the centers for utilities etc; at the same time, part of the salary received by the convicted person should not be less than 25%).

Educational work is also carried out with convicts sentenced to forced labor, various incentive measures are applied (including the provision of an opportunity to leave the correctional center on weekends and holidays).

According to Part 6 of Art. 53.1 of the Criminal Code of the Russian Federation in case of evasion of the convict from serving forced labor, they are replaced by imprisonment at the rate of 1 day of imprisonment for 1 day of forced labor. A convicted person is considered to be such: evading an order on the place of serving the sentence; who did not arrive at the place within the time period established by the order; who has not returned to the correctional center after the expiry of the permitted departure period; who unauthorizedly left the correctional center, place of work and (or) place of residence, determined by the administration of the correctional center, for a period exceeding 24 hours.

Forced labor is not assigned to the same categories of persons as in compulsory labor, and also to women who have reached the age of fifty-five and men who have reached the age of sixty.

.8 Arrest

Arrest as a type of punishment differs from imprisonment not only in its duration, but also in the conditions of its serving. Arrest is a kind of reminder to the offender about what criminal punishment means, that this type of punishment may be followed by a long imprisonment. touching isolation from society during arrest consists in the fact that convicts are not provided with visits, with the exception of meetings with a lawyer or other persons entitled to legal assistance; it is not allowed to receive parcels, parcels and parcels, it is not allowed to travel without an escort. The arrest is established for a period of one to six months. In the case of replacement of compulsory labor or correctional labor by arrest, he may be appointed for a period of less than one month.

Arrest can be imposed not only in the case when it is provided as the main (usually alternative) punishment in the sanction of the article of the Special Part of the Criminal Code of the Russian Federation, which provides for liability for the relevant crime, but also in the case of replacement of compulsory labor or correctional labor (in case of malicious evasion from serving them), as well as (instead of imprisonment) when imposing a milder punishment than is provided for a given crime (Article 64), and when replacing the unserved part of the punishment with a milder type of punishment (Article 80).

Persons sentenced to arrest serve their sentences at the place of conviction in detention houses. As a rule, the serving of the entire sentence by convicts is carried out in one house of arrest. Transfer from one house of detention to another is allowed only in case of illness or to ensure the personal safety of the convicted person, as well as in other exceptional circumstances that prevent the convict from staying in the given house of detention.

The procedure and conditions for the execution of a punishment in the form of arrest are established by the PEC (Articles 68-72).

Since arrest does not imply the involvement of convicts in active labor, this type of punishment can be applied to any category of convicts. However, proceeding from the fact that those sentenced to arrest are held in conditions of strict isolation, the legislator, guided by the principle of humanism, when imposing this type of punishment, provided for the possibility of not applying arrest to persons who have not reached the age of 16 by the time the court sentenced them, as well as pregnant women. women and women with children under the age of 14.

2.9 Maintenance in a disciplinary military unit

The application of this punishment will enable servicemen who have committed minor crimes to serve their sentence while simultaneously performing military service duties.

According to the Criminal Code of the Russian Federation, punishment in the form of detention in a disciplinary military unit contains several new provisions:

firstly, this type of punishment can only be imposed on servicemen doing military service by conscription (conscript service), as well as servicemen doing military service under contract in the positions of privates and sergeants, if at the time of the court's sentencing they have not served the statutory the service life of the conscript;

secondly, maintenance in a disciplinary military unit is assigned to servicemen for committing crimes against military service;

thirdly, the specified punishment is imposed for a term of three months to two years, as well as in cases where the nature of the crime and the identity of the perpetrator indicate the possibility of replacing imprisonment for a term of up to two years by keeping the convicted person in a disciplinary military unit for the same term ...

The latter provision indicates that detention in a disciplinary military unit is also possible for convicted servicemen who have committed not only crimes against military service, but also other crimes, the term of punishment for which is limited to two years in prison.

2.10 Deprivation of liberty for a specified period

Deprivation of liberty is associated with the imposition of certain and sufficiently serious legal restrictions on the convicted person, significantly changing legal status faces. They are deprived of the right to travel, they are limited in their time management, in communication with friends and relatives, etc. The legal restriction also consists in limiting the choice of the type of work activity, regulating the time of work and rest. This punishment also presupposes corrective labor influence on the convict, carried out by keeping him in a certain regime, bringing him to work, and carrying out educational work with him.

For some crimes belonging to the category of minor gravity, for the majority of crimes belonging to the category of moderate gravity, imprisonment for a certain period of time is an alternative type of punishment, and this punishment, as a rule, should be imposed in cases where other, milder types of punishment correction of the convicted person becomes impossible.

By the absolute majority serious crimes and for all crimes belonging to the category of especially grave, imprisonment for a certain period is the only type of punishment, since these categories of crimes represent an increased social danger and the persons who committed them must be isolated from society in order to prevent and prevent them from committing new crimes ...

Correctional institutions in which a sentence of imprisonment is served include settlement colonies, educational colonies, medical correctional institutions, correctional colonies of general, strict and special regime, as well as prisons.

In the penitentiary system, for the medical care of convicts, medical and preventive institutions are created: hospitals, special psychiatric and tuberculosis hospitals, and medical correctional institutions for the maintenance and outpatient treatment of convicts with open forms of tuberculosis, alcoholism and drug addiction.

These types of institutions perform the functions of correctional institutions in relation to convicts in them, and they retain the procedure for serving sentences established for correctional institutions of PECs.

The Criminal Code establishes the term of punishment in the form of imprisonment: minimum - two months, maximum - twenty years; this means that if the sanction of the article of the Special Part of the Criminal Code of the Russian Federation does not specify the lower limit of imprisonment, the term of such punishment cannot be less than two months. At the same time, if imprisonment is imposed instead of other types of punishment, then, based on the remaining term of serving the sentence, the term of imprisonment may be less than two months.

For example, in connection with the convict's malicious evasion from serving a sentence of three months of correctional labor, this type of punishment can be replaced with one month of imprisonment (part 3 of article 50 of the Criminal Code of the Russian Federation).

The procedure and conditions for serving a sentence of imprisonment for a specified period are determined by the PEC (Articles 73-125 and 128-131).

Persons sentenced to imprisonment serve their sentences in correctional institutions within the territory of the constituent entity of the Russian Federation, where they lived or were convicted. If this is impossible for some reason, then the convicts are sent to the nearest correctional institutions.

.11 Life imprisonment

Life imprisonment - the new kind the main punishment in Russian law. The inclusion of life imprisonment in the punishment system also reflects development trends criminal policy, takes into account the state of crime in the country, its dynamics and structure, which, as you know, are unfavorable and are characterized in recent years by an intensive increase in grave and especially grave crimes of a violent, mercenary-violent and selfish nature. The current criminogenic situation largely determined the introduction of punishment in the form of life imprisonment.

The high punitive properties of life imprisonment, determined by the maintenance of convicts in conditions of especially strict isolation, limit its use. The question of his appointment arises when the court considers it possible not to apply an exceptional measure of punishment to the convicted person. Life imprisonment is used only as an alternative to the death penalty for the commission of especially grave crimes that encroach on life, and can be imposed in cases where the court considers it possible not to apply the death penalty (part 1 of article 57 of the Criminal Code of the Russian Federation).

In addition, life imprisonment can be applied when replacing the death penalty by way of pardon (part 3 of article 59).

The practice of executing life imprisonment shows that there are many difficulties in the implementation of this type of punishment. They are primarily determined by the contingent of convicts serving life imprisonment. It is extremely negative in terms of socio-psychological and psychiatric, criminological and criminal law characteristics, which implies the use of strict measures to ensure isolation and harsh conditions of their detention in places of punishment, the application of a set of measures of a medical, psychological and psychiatric nature to them in order to prevent their side of new crimes.

.12 Death Penalty

The death penalty remains an exceptional punishment in the Criminal Code of the Russian Federation.

The right to life is the constitutional right of a person and a citizen (Article 20 of the Constitution), and he can be deprived of this right only in exceptional cases by a court decision when committing especially grave crimes against life.

The death penalty under the Criminal Code of the Russian Federation is provided for in five categories of crimes: premeditated murder under aggravated circumstances (part 2 of article 105); encroachment on the life of a statesman or public figure (Article 277); encroachment on the life of a person administering justice or preliminary investigation (Article 295); assault on the life of an employee law enforcement agency(Article 317) and genocide (Article 357).

The procedure and conditions for the execution of the death penalty are provided for in Ch. 23 of the RF PEC (Articles 184-186).

The death penalty is not imposed on women, as well as to persons who have committed crimes under the age of eighteen, and men who have reached the age of sixty-five by the time the court sentenced them.

Taking into account the fact that Russia was admitted to the Council of Europe in January 1996, the question arose about the development and adoption of laws on the suspension of the execution of sentences under which the death penalty was assigned, and in the future - on the abolition of the death penalty, since, in accordance with the Constitution, the death penalty execution is a temporary measure of punishment and is applied from now on until it is completely abolished (part 2 of article 20 of the Constitution).

On May 16, 1996, the President of the Russian Federation issued Decree No. 724 "On the phased reduction in the use of the death penalty in connection with Russia's entry into the Council of Europe." abolition of the death penalty) of April 28, 1983 to the Convention for the Protection of Human Rights and Fundamental Freedoms of November 4, 1950 ", and on May 5, 1997, this protocol was signed on behalf of the Russian Federation by the Permanent Representative of Russia to the Council of Europe. Protocol No. 6 to the European Convention recommends the abolition of the death penalty in the state in peacetime.

According to Art. 176 of the PEC, a person sentenced to death (as well as those sentenced to other types and measures of punishment) has the right to appeal to the President of the Russian Federation with a petition for clemency. At the same time, the law does not establish any terms for such an appeal.

Summing up the work done on the topic "System and types of punishment", we draw several conclusions:

The concept of "punishment system" can be defined as a list of the types of punishments stipulated by the criminal legislation, imposed by the court on persons who have committed crimes.

The punishment system is not just a set of state coercive measures, but a reasonable system of combined punishments that are interconnected for the most productive achievement of the goals of criminal punishment.

A systematic approach to the analysis of the types of criminal punishments enshrined in the criminal law of Russia indicates the existence of a systematic nature of the types of punitive measures. The main feature of the Russian system of penalties under criminal law is the presence in it of many different types of punishments and significant differences between them. Some of them are long-term in nature, while the other part involves a one-time action. Some punishments involve deprivation or restraint of liberty, but most are restricted from this form of punitive measures.

It can be argued that there are punishments that are inconsistent with each other, while other measures of influence allow the possibility of combination with other types of punishments, and there are those that are impossible without being combined with other types of punishments. Take, for example, imprisonment for a certain period and forced labor - these types of punishments cannot be combined, while deprivation of the right to hold certain positions or engage in certain activities and arrest - can be combined. And this type of punishment, such as deprivation of a special, military or honorary title, class rank and state awards, can only be imposed in conjunction with another punishment.

Bibliographic list

Regulations:

Russian Federation. Constitution (1993).
Constitution of the Russian Federation: official. text (taking into account the amendments introduced by the Laws of the Russian Federation on amendments to the Constitution of the Russian Federation of 12/30/2008 N 6-FKZ, of 12/30/2008 N 7-FKZ).

Moscow: Marketing, 2010.25 p. Criminal Code of the Russian Federation. Federal Law of the Russian Federation No. 63-FZ dated 13.06. 1996 (as amended by the Federal Law of 06.12.2007 N 335-FZ).

The Criminal Executive Code of the Russian Federation of 08.01. 1997 No. 1-FZ. (as amended on 09.05.2005 N 47-FZ).

Decree of the President of the Russian Federation "On the phased reduction in the use of the death penalty in connection with Russia's entry into the Council of Europe" dated May 16, 1996, No. 724 // Russian newspaper, 1996. № 94.
Resolution of the Government of the Russian Federation "On approval of the Regulations on the disciplinary military unit" dated 04.06.1997, No. 669 // Rossiyskaya Gazeta, 1997. No. 116.
Resolution of the Plenum of the Supreme Court of the Russian Federation "On the Practice of Appointing Criminal Punishment by the Courts of the Russian Federation" dated January 11, 2007 No. 2 (as amended on December 3, 2013) // Rossiyskaya Gazeta, 2007. No. 13.

Periodical printed publications:

Dyadkin D.S. The system and types of punishments in relation to the theory of their appointment .. // Vestnik OSU. 2010. No. 3.

Introduction

Chapter I. Theoretical basis penalties in Russian criminal law

1.1 Concept and content of punishment under Russian criminal law

1.2 Main objectives of punishment

Chapter 2. Characteristics of the system, types and classification of punishments in criminal law

2.1 System and types of punishment

2.2 Classification of punishments, main and additional punishments

2.3 Non-custodial penalties

2.4 Penalties related to deprivation of liberty

2.5 Death penalty

Chapter 3. Release from punishment

3.1 Concept and types of release from punishment

3.2 Conditional Sentence

3.3 Conditional release from serving a sentence

3.3 Release from punishment in connection with the replacement of the unserved part of the punishment with a milder form

3.5 Release from punishment due to a change in the situation

3.6 Exemption from punishment due to illness

3.7 Deferral of serving sentences for pregnant women and women with young children

3.8 Release from serving a sentence in connection with the expiration of the statute of limitations for the court's conviction

Conclusion

Bibliography

Introduction

Relevance of the research topic. In the system of measures carried out by the Russian state to strengthen the rule of law and law and order, to strengthen the fight against crime, an important place is given to improving the system of criminal punishments, increasing the efficiency of its functioning. Criminal punishment is one of the most important institutions of criminal law, an interest in which is shown not only by professional researchers, but also by the general population. Material and procedural issues of criminal punishment are regulated by a set of prescriptions of many branches of law: criminal, criminal procedural, judicial, civil, civil procedural, criminal executive, international law etc.

The problem of criminal punishment is one of the most complex and multifaceted in criminal law science. Its significance is determined by the fact that criminal law realizes itself, first of all by the threat and application of punishment.

So, punishment in criminal law is a social and legal phenomenon. Social purpose punishment lies in the fact that for many years it has been considered as one of the means of combating crime, a specific and very strict regulator of the behavior of people who come into conflict with the criminal law. At various stages of the development of human civilization, the state, with the help of criminal punishment, is trying to solve essentially the same problem - to protect society from criminal encroachments on the most important social values protected by criminal law.

The social function of punishment lies in the fact that if it is applied to a person who has committed a crime, the disturbed public order can be restored, the harm inflicted on the victim can be smoothed out, the public need to punish the perpetrator can be satisfied, the feeling of fear and uncertainty that has arisen among citizens in connection with the commission of crimes, the belief in the ability of law enforcement agencies to fight crime and reliably protect the interests of a person, society or state is strengthened.

The degree of scientific elaboration of the research topic. The problems associated with the concept and definition of the measure of criminal punishment were seriously elaborated in the works of Russian pre-revolutionary jurists (S.I.Barshev, M.N. Gernet, A.I. Zhizhilenko, S.P. Mokrinsky, S.V. Poznyshev , N.D.Sergeevsky, N.S.Tagantsev, I.Ya. Foinitsky and others). But in the theory of Soviet and then Russian criminal law, there are no special studies on the punishment.

The vast majority of works recent years are devoted either to individual aspects of sentencing, in particular, to the study of mitigating and aggravating circumstances (O.A.Myasnikov and others), principles of sentencing (A.V. Brilliantov, S.A. Veliev, T.A. A.A. Mamedov and others), special rules for assigning punishment (R.N. Khamitov, L.V. Inogamova-Khegai and others), or certain types of punishment (Yu.V. Golik, M.G. P. Detkov, S. V. Zhiltsov, A. I. Kanunnik, A. S. Mikhlin, L. P. Rasskazov, I. V. Uporov, V. A. Utkin, O. V. Filimonov and other scientists).

Targets and goals... The main goal of this work is a comprehensive and comprehensive study of the issues of punishment in Russian criminal law.

To achieve this goal, it is necessary to solve the following tasks:

Consider the basic concepts and content of punishment in criminal law;

Investigate the goals of punishment;

To reveal the peculiarities of the classification of punishments in the legislation of criminal law, to reveal the content of certain types of punishment;

Methodological and theoretical basis of the work. The methodological basis of the research was the comparative, historical, logical-legal and systemic methods of cognition.

Regulatory framework the research included the Constitution of the Russian Federation, criminal and penal legislation, federal laws of the Russian Federation.

Study structure. The work consists of an introduction, three chapters, a conclusion and a bibliography.

Chapter I. Theoretical Foundations of Punishment in Russian Criminal Law

1.1 Concept and content of punishment under Russian criminal law

Punishment under the current criminal legislation is a measure of state coercion, imposed by a court verdict on a person convicted of a crime, and consists in the deprivation or restriction of the rights and freedoms of this person provided for by the Criminal Code (Article 43 of the Criminal Code of the Russian Federation).

Everything legal regulations on the punishment contained in Section III of the Criminal Code of the Russian Federation are based on the Constitution of the Russian Federation. When imposing and applying punishment, the courts must strictly follow the requirements of Chapter 2 of the Constitution on the need to observe human and civil rights and freedoms. Punishment is seen as the last resort of the state. It is used when other means of influencing the subject turned out to be or may knowingly turn out to be ineffective. The state nature of the punishment means that it can only be imposed on behalf of the state, and from the standpoint of the state, the act is assessed as criminal, and the person is obliged to endure this state coercion.

Criminal punishment is the most acute form of state coercion, the legal basis of which lies in its need to maintain legal order, and this need is derived from general concept about the right as a guardian of interests. Prohibiting and demanding, indicating the need for certain activities or inaction, the norms of the legal order are the protection of legal benefits. To carry out its activities, to ensure obedience to its prescriptions and norms, the law needs force. This strength is given to him by state power.

In other words, criminal law coercion is a meaningful measure of criminal responsibility, enshrined in the criminal law in a specific type of punishment. Criminal law the protective attitude in this case includes criminal law coercion, which is functionally expressed in the conviction of the person who committed the crime and in the imposition of criminal punishment on him.

The criterion for classifying certain measures of state coercion as criminal penalties is the objective significance, value of certain goods and interests. State coercion not only ensures compliance with the norms of criminal law, but also reveals the social essence of criminal punishment, since criminal punishment is a measure of state coercion that is contained only in the criminal law norm.

Thus, criminal punishment is a measure of state coercion, which is contained in a criminal law norm and can be applied by a court only to a person found guilty of a crime. If a person has committed not a crime, but some other violation, other measures should be applied to him accordingly. legal impact... Criminal punishment is a natural consequence of the crime committed and should, as a general rule, correspond to the gravity of the crime and its social danger. The exception is cases of bringing a person to criminal liability with subsequent release from criminal punishment, for example, due to illness or the expiration of the statute of limitations for the court's conviction.

The punishment is always personal. It applies only to the offender himself and in no case should affect the interests of others.

1.2 Main objectives of punishment

The goals of punishment in criminal law are understood as the final social results, the achievement of which is pursued by the establishment of penalties in the criminal law.

In accordance with part 2 of article 43 of the Criminal Code "punishment is applied in order to restore social justice, as well as to correct the convicted person and prevent the commission of new crimes." Thus, the Criminal Code provides for three purposes of punishment:

a) restoration of social justice;

b) correction of the convicted person;

c) prevention of the commission of a new crime.

A crime violates the social order that has developed in accordance with the moral values prevailing in society, which is perceived by public consciousness as fair, allowing people to exercise their rights and freedoms, as well as to fulfill their duties. And in this sense, a crime is not only a violation of criminal law prohibitions, but also a violation of social justice. At the level of public consciousness, including at the level of the individual consciousness of most people, a crime is always perceived as an act that denies the just structure of social life. Since the state reaction to a crime in the criminal legislation takes the form of punishment, the latter is given the goal of restoring social justice violated by the criminal act. This goal presupposes the restoration of human rights and freedoms violated as a result of the commission of a crime, public order, restoration of citizens' conviction, shaken as a result of the commission of a crime, in the ability of the state to fight crime and protect their rights. Finally, the restoration of social justice as the goal of punishment presupposes the satisfaction of the inherent resentment of people caused by the commission of a crime.

The restoration of social justice is achieved through the implementation in the criminal legislation of the principle of justice in its equalizing and distributive aspects. ...

The second goal of criminal punishment in Part 2 of Article 43 of the Criminal Code is the correction of the convicted person. The purpose of the correction of the convict is to try to force the negative personality traits of the convict to change, under the influence of which the criminal act was committed, and to instill in him a respectful attitude towards the law, the established rule of law, the rights and interests of other citizens with the help of punitive elements of punishment. The correction of a convicted person is understood to mean the achievement by punishment of such a result that the person, after serving the sentence, does not commit a new crime. In this case, we are talking about the so-called legal correction of the convicted person. To achieve legal correction of a convicted person is the maximum possible result that a criminal punishment is capable of. Correction is a minimal program for correcting the convict's consciousness, which consists in adapting him to a normal life in society, making him safe for people.

Along with the restoration of social justice and the correction of the convicted person, punishment has the goal of preventing crimes. In the theory of criminal law, crime prevention is divided into private (private prevention) and general (general prevention).

Private warning consists in preventing the commission of a crime by the convicted person himself. With a private warning, the only task is set - to exclude a relapse of a previously convicted person. The punishment should intimidate the convicted person, as well as deprive him of the opportunity to commit a new crime. Most types of punishments place the convicted person in conditions that, if not completely exclude the possibility of committing new crimes, then significantly hinder this. However, not all types of punishment have this ability to the same extent. To the greatest extent, the death penalty limits the possibility of a convicted person committing a new crime. Life or imprisonment for life also significantly limits the convicted person's ability to commit new crimes, at least those of them that may be committed at large. Deprivation of the right to hold certain positions or engage in certain activities for the period of serving the sentence excludes the possibility of committing crimes that are associated with the use of an official position or a certain field of activity. In addition to the punitive elements contained in criminal penalties that restrict the convicted person's ability to commit new crimes, the goal of private prevention is served by the restrictions generated by the presence of a criminal record.

The purpose of general prevention is to prevent other persons from committing crimes. It is assumed that the fact of the application of punishment to a specific person who committed a crime should have a preventive effect on other citizens. In the theory of criminal law, there is no consensus about who is affected by the punishment in the general preventive sense. According to the prevailing point of view, the general preventive effect of punishment is addressed only to those persons who are prone to committing crimes. The application of punishment to a convicted person affects law-abiding citizens mainly in the educational aspect, creates in them the conviction that such acts are criminal, forms an irreconcilable, negative attitude towards them.

In general, taking into account all of the above, we can conclude that, according to Russian criminal law, punishment should be understood as a special legal measure of state coercion, including both punitive and educational elements, imposed by the court on the person guilty of committing a crime, and entailing a criminal record. Punishment expresses on behalf of the state and society a negative legal, social and moral assessment of a criminal act and a criminal and consists in deprivation or restriction of rights and freedoms provided for in the Criminal Code of the Russian Federation.

classification punishment criminal law

Chapter 2. Characteristics of the system, types and classification of punishments in criminal law.

2.1 System and types of punishment

In the current Russian criminal legislation, the punishment system is humanistic. It is based on the Constitution of the Russian Federation, generally accepted principles and the norms of international law, the principles of criminal law and law, a reasonable combination of humanism and social justice. The Criminal Code provides for two systems of punishment:

1) basic, or complete - for adults; 2) additional, or truncated - for minors.

The main, or complete, system of punishments (Art. 44 of the Criminal Code) consists of 12 types: 1) fine; 2) deprivation of the right to hold certain positions or engage in certain activities; 3) deprivation of a special, military or honorary title, class rank and state awards; 4) compulsory work; 5) correctional labor; 6) restrictions on military service; 7) restriction of freedom; 8) arrest; 9) maintenance in a disciplinary military unit; 10) imprisonment for a specified period; 11) life imprisonment; 12) the death penalty.

The list of punishments included in this system is exhaustive. This means that the court is not entitled to use the types of criminal punishments that are not included in the specified list.

The punishment system is internally ordered. It is structured according to the principle: from the lightest to the most severe type of punishment. This approach is of great practical importance. First, it assumes the need to apply the same principle when constructing alternative sanctions for a specific socially dangerous act (they should be arranged in the same sequence: from the softest to the toughest). Secondly, based on the principle under consideration, the courts are obliged to first consider the possibility of applying the mildest, and then - the more severe punishment.

The additional, or truncated, system of punishment for minors consists of six types (Article 88 of the Criminal Code): 1) fine; 2) deprivation of the right to engage in certain activities; 3) compulsory work; 4) correctional labor; 5) arrest; 6) imprisonment for a specified period. In comparison with the main system, here, firstly, there are no six types of punishments, including life imprisonment and the death penalty, and secondly, instead of deprivation of the right to hold certain positions or engage in certain activities, punishment is provided only in the form of deprivation of the right to engage in certain activities ...

Based on the humane attitude towards juvenile offenders, the sizes and terms of the specified (except for the deprivation of the right to engage in certain activities) types of punishments are significantly reduced in comparison with the sizes and terms of the same punishments for adult criminals.

The additional system is derived from the main one. There is not a single type of punishment in it that is not included in the main system.

In criminal law, there are many different classifications of punishments. Let us dwell on the two most important for understanding and applying the current criminal legislation.

2.2 Classification of punishments, main and additional punishments

The first classification is theoretical, since it is not enshrined in the criminal law:

1) punishments not related to imprisonment;

2) penalties related to imprisonment;

3) punishment in the form of the death penalty.

The second classification is enshrined in the criminal law (article 45 of the CC). Depending on the order of application, all punishments are divided into three groups:

1) basic punishments. The main punishments are: compulsory work; correctional labor; restriction on military service; restriction of freedom; arrest; maintenance in a disciplinary military unit; imprisonment for a specified period; life imprisonment; death penalty (part 1 of article 45 of the Criminal Code).

2) additional punishments. In determining the scope of criminal liability, these punishments perform not the main, but a subsidiary role. The law (part 3 of article 45 of the Criminal Code) includes the deprivation of a special, military or honorary title, class rank and state awards to this kind of punishment.

3) punishments that can fulfill the role of basic and additional. Such universal punishments include: a fine and deprivation of the right to hold certain positions or engage in certain activities (part 2 of article 45 of the Criminal Code).

2.3 Non-custodial penalties

Fine(Art. 46 of the Criminal Code of the Russian Federation) as a type of criminal punishment consists in a monetary penalty imposed by the court as the main or additional punishment in cases and within the limits established by law, in the form of an amount corresponding to a certain amount of the minimum wage established by the legislation of the Russian Federation at the time of appointment punishment, or in the amount of the wages or other income of the convicted person.

As the main punishment, a fine is provided as an alternative to other types. The expediency of his appointment in this case is due to the possibility of real achievement of the goals of punishment precisely by influencing the property interests of the convicted person.

A fine as the main type of punishment can also be applied in the case of imposing a milder measure than is provided for a given crime (Art. 64 of the Criminal Code of the Russian Federation), and in order to replace the unserved part of the punishment with a milder type of punishment (Art. 80 of the Criminal Code of the Russian Federation).

In accordance with Part 2 of Art. 46 of the Criminal Code of the Russian Federation, a fine is established in the amount of two thousand five hundred to one million rubles or in the amount of the wages or other income of the convicted person for a period from two weeks to five years.

Replacement of a fine with imprisonment and imprisonment with a fine is not allowed. However, if for malicious evasion of payment the court replaced him with correctional labor, then in case of malicious evasion from the latter, they can be replaced by imprisonment at the rate and in the manner prescribed by Art. 50 of the Criminal Code of the Russian Federation.

Deprivation of the right to hold certain positions or engage in certain activities (Article 47 of the Criminal Code of the Russian Federation). Deprivation of the right to hold certain positions, as stated in Part 1 of Art. 47 of the Criminal Code, can be applied to persons holding positions only in the civil service and in local government. This type of punishment cannot be applied to persons working in other organizations (including those of mixed forms of ownership).

Deprivation of the right to engage in certain professional activities - includes both official and non-official (in the terminology of the law - other) activities of the convict. The service includes such activities as pedagogical, medical, transport management under a contract of employment, i.e. work by profession. Off-duty - a permanent occupation that has legal regulation of specific rights and obligations (for example, self-employment, management personal transport, hunting, fishing).

Deprivation of the right to hold specific positions or engage in specific activities can be applied as a punishment only if, due to the nature of the crime committed, it is impossible for the perpetrator to retain such a right. The punitive property of this type of punishment is that it deprives the convicted person of the right to freely choose a position, certain occupations during the time specified in the sentence. Of course, such a ban does not deprive the convicted person of the opportunity to work at all in this department or in the system.

Deprivation of a special, military or honorary title, class rank and state awards (Art. 48 of the Criminal Code of the Russian Federation). This type of punishment can be imposed only as an additional one, therefore it is permissible even with conditional release (part 4 of article 73 of the Criminal Code of the Russian Federation). It can be applied in case of conviction for grave and especially grave crimes with the obligatory registration of data on the identity of the perpetrator. Its punitive effect is the deprivation of the corresponding benefits and advantages.

Special titles are given to persons serving in government agencies where they are established (Ministry of Internal Affairs, customs service, diplomatic service, railway, sea, water and air transport, etc.) 32.

The court does not have the right to deprive a convicted person of academic degrees and titles (associate professor, professor, candidate of science, doctor of science, etc.).

Mandatory work (Art. 49 of the Criminal Code of the Russian Federation). This type of punishment was not known to the previous criminal legislation. Mandatory work can only be assigned as the main type.

An analysis of the articles providing for liability for the commission of specific crimes shows that compulsory work is established, as a rule, for crimes of minor gravity, in particular, against the person (Article 116 of the Criminal Code - beatings), constitutional rights and freedoms of man and citizen (Article 137 Of the Criminal Code - violation of privacy), some crimes in the economic sphere (part 1 of article 158 of the Criminal Code - theft), official activities (article 293 of the Criminal Code - negligence), etc.

In accordance with and on the basis of Part 4 of Art. 49 of the Criminal Code of the Russian Federation, compulsory work is not assigned to persons recognized as invalids of the first group, pregnant women, women with children under the age of three years, military personnel doing military service by conscription, as well as military personnel doing military service under contract in military positions of private and sergeant composition, if at the time of the court's verdict they have not served the statutory term of conscription.

When replacing compulsory work with restraint of liberty or arrest, the time during which the convicted person worked is taken into account on the basis of one day of restraint of liberty or arrest for eight hours of compulsory work.

Correctional labor (Article 50 of the Criminal Code of the Russian Federation). As a type of criminal punishment, correctional labor consists in forcibly bringing the convicted person to work at the main place of work for the period specified in the court's verdict, with the deduction of a certain share of the earnings in the state revenue. Correctional labor is used only as the main type of punishment, including in case of conditional conviction. In the current Criminal Code of the Russian Federation, corrective work is provided for in the sanctions of 83 offenses. In addition, in 20 convoys against military service, sanctions are indicated in the form of restrictions on military service, imposed instead of corrective labor.

The term of punishment includes the days during which the convicted person worked and deductions were made from his earnings. The convicted person must work for such a number of days, which falls on the calendar period of punishment established by the court. If he, without good reason, has not worked the established number of working days, then the term of punishment is extended until he has fully worked out the prescribed number of working days. Therefore, the actual term of serving the sentence may be longer than the one assigned by the sentence.

Restrictions on military service (Article 51 of the Criminal Code of the Russian Federation). The essence of this new type of punishment and its punitive properties consist in the fact that, firstly, up to 20% of the convict's maintenance is retained in the state's income, and secondly, while serving this measure, he cannot be promoted in position and military rank; thirdly, the term of punishment does not count towards the length of service for the assignment of the next military rank.

Restrictions on military service can be imposed only as the main punishment and only to servicemen doing military service under a contract (i.e. instead of conscript service) in cases provided for by articles of the Special Part of the Criminal Code for committing a crime against military service, as well as to convicts undergoing military service. military service under a contract instead of correctional labor stipulated by the relevant articles of the Special Part of the Criminal Code. Moreover, the person being punished continues to serve.

Restrictions on military service are imposed for a period of three months to two years. Other restrictions (for example, demotion, failure to provide a proper apartment or refusal to improve housing conditions) go beyond the legal limits and are therefore not applicable.

Restriction of freedom (Article 53 of the Criminal Code of the Russian Federation). Restriction of freedom is the main type of punishment: it is applied only as an independent measure, including in case of conditional conviction, when, taking into account the nature and degree of social danger of the act, all the circumstances of the case and data about the personality of the defendant, the court comes to the conclusion that it is possible to achieve the goal of punishment without isolation from society, but under supervision.

According to Part 1 of Art. 53 restriction of freedom can only be applied to persons who have reached the age of 18 at the time of sentencing; in accordance with part 5 of this article, it is not assigned to persons recognized as invalids of group I or II, pregnant women, women with children under the age of fourteen, women who have reached the age of fifty-five, men who have reached the age of sixty, as well as military personnel undergoing conscription military service.

Restriction of liberty is intended to punish persons who do not pose a great public danger; the term of punishment is differentiated by the legislator depending on the form of guilt and the crime committed.

In the event that a person serving the restriction of liberty commits a new crime, the punishment is imposed according to the rules of a set of sentences (Articles 70, 71 of the Criminal Code of the Russian Federation). In accordance with these rules, one day of imprisonment corresponds to two days of restriction of liberty.

2.4 Penalties related to deprivation of liberty

Arrest (Article 54 of the Criminal Code of the Russian Federation). This is a new type of punishment, which consists in keeping a person in conditions of strict isolation from society.

Arrest is a short-term punishment: from one to six months. In the case of the application of arrest instead of compulsory work or in case of malicious evasion from serving this punishment, he may be appointed for an even shorter period.

Given the severity of isolation from society, in full accordance with the principle of humanism, in part 2 of Art. 54 of the Criminal Code of the Russian Federation established appropriate restrictions: arrest does not apply to persons under the age of 16, to pregnant women and women with children under the age of fourteen.

Maintenance in a disciplinary military unit (Art. 55 of the Criminal Code of the Russian Federation). Detention in a disciplinary military unit is the main type of punishment, including in case of conditional conviction, and is applied by a military tribunal only to military personnel (by conscription, as well as by contract in the posts of privates and sergeants, if at the time of sentencing they have not served the established law period of conscription) and persons equated to them (cadets of military schools and other military educational institutions for crimes committed during training, if they did not serve active compulsory military service before enrolling in training). This measure is not applicable to long-term servicemen, including ensigns, warrant officers, officers, and also servicemen who have committed crimes during training camps, who are serving under contracts.

The disciplinary military unit - the new name of the previously existing disciplinary battalion - is a special military unit(separate disciplinary battalion or separate disciplinary company). The persons contained in it remain military personnel; term - from three months to two years.

The legislator will determine that this punishment can be applied to a soldier convicted not only for a military crime. In this case, the court, taking into account the circumstances of the case and the identity of the perpetrator, may, on a reasoned decision, instead of imprisonment for a term of not more than two years, apply detention in a disciplinary military unit for the same term. Such a replacement is inappropriate to apply to persons who have previously served a sentence of imprisonment.

Deprivation of liberty for a specified period (Art. 56 of the Criminal Code of the Russian Federation). The law defines imprisonment as compulsory isolation of a convicted person in institutions specially designed for this. The previous Criminal Code did not give such a definition.

Deprivation of liberty is the main type of punishment, it can be applied only as an independent one, including with conditional conviction (Article 73 of the Criminal Code of the Russian Federation).

In accordance with part 2 of article 56 of the Criminal Code, imprisonment can be imposed for a period from two months to twenty years. In cases foreseen in part 4 tbsp. 56 of the Criminal Code of the Russian Federation in the case of partial or complete addition of the terms of imprisonment when sentencing for a cumulative crime, the maximum term of imprisonment cannot be more than twenty-five years, and for the cumulative sentences - more than thirty years. Convicted minors are sentenced to imprisonment for a term of up to ten years. Imprisonment is served by convicted persons in various types of correctional institutions, which are determined by the court in a sentence: colonies - settlements, correctional colonies of general regime, correctional colonies of strict regime, correctional colonies of special regime. Life imprisonment (Article 57 of the Criminal Code of the Russian Federation) refers to the main type of punishment and, in accordance with Article 57 of the Criminal Code, is established only as an alternative to the death penalty for committing especially grave crimes that encroach on life. Life imprisonment can be imposed only in cases where the court considers the death penalty to be excessively severe, and imprisonment for a certain period - excessively lenient punishment. Life imprisonment is not assigned to women, as well as to persons who have committed a crime under the age of 18, and men who have reached the age of 65 by the time of the sentencing. Convicts sentenced to life imprisonment serve their sentence in correctional colonies of a special regime for convicts serving life imprisonment. The conditions for serving sentences in such colonies are much stricter (Article 127 of the PEC) than in other colonies of special regime (Article 124 of the PEC). 2.5 Death penalty The death penalty is defined in Art. 59 of the Criminal Code of the Russian Federation as an exceptional punishment. Its exceptional character is as follows: firstly, it is provided for only for five particularly serious crimes related to encroachment on human life (part 2 of article 105, article 277, 295, 317 and 357 of the Criminal Code of the Russian Federation). Secondly, it is not assigned to women, as well as to persons who have committed a crime under the age of eighteen, regardless of their age at the time of sentencing; men who have reached the age of sixty-five at the time of sentencing. Thirdly, for those sentenced to death, the punishment can be replaced by imprisonment or life imprisonment, or for a period precisely specified in the law - twenty-five years. The appeal of a convicted person with a petition for pardon constitutes the right of the convicted person and entails compulsory consideration by the pardon commissions under the heads of the subjects of the Russian Federation, and then by the President of the Russian Federation.

Fourth, the criminal executive legislation "established a number of additional guarantees against the execution of unsubstantiated death sentences: the obligatory giving of opinions by the Chairman of the Supreme Court of the Russian Federation and The Attorney General RF on the absence of grounds for lodging a protest against the court verdict by way of supervision.

The death penalty is carried out non-publicly by firing squad. The administration of the institution in which the death penalty is carried out informs the court that passed the sentence, as well as one of the close relatives of the convicted person, about the execution of the sentence.

From all of the above, the following conclusions can be drawn under the punishment system is understood as an internally ordered, exhaustive list of punishments provided for by the criminal law that can be established in the sanctions of the norms of the Special Part and applied by the court for committing socially dangerous acts

The main, or complete, system of punishments (Art. 44 of the Criminal Code) consists of 12 types: 1) fine; 2) deprivation of the right to hold certain positions or engage in certain activities; 3) deprivation of a special, military or honorary title, class rank and state awards; 4) compulsory work; 5) corrective work; 6) restrictions on military service; 7) restriction of freedom; 8) arrest; 9) maintenance in a disciplinary military unit; 10) imprisonment for a specified period; 11) life imprisonment; 12) the death penalty.

Chapter 3. Release from punishment.

3.1 Concept and types of release from punishment

Release from punishment is an independent institution of criminal law, the essence of which is to release a person who has committed a crime from: imposing punishment for a committed crime (Article 801, Part 1, Article 92 of the Criminal Code); actual serving of the sentence imposed by the court verdict (Articles 73, 81 of the Criminal Code); further serving the sentence, partially served by the convicted by this time, appointed by the court (Article 79 of the Criminal Code).

The basis for exemption from punishment is the loss or a significant decrease in the public danger of the act or the person who committed the crime, which means the inexpediency or impossibility of the execution or imposition of punishment. In this case, the goals of punishment have either already been achieved, or further serving of the sentence is not required to achieve them, or they cannot be achieved at all (for example, a person who committed a crime has a mental disorder that deprives him of the opportunity to realize the actual nature and social danger of his actions or to lead them).

The Criminal Code dedicated to the release from punishment of Ch. 12, but not everyone is concentrated in it criminal law, by which this issue is resolved. In particular, by its legal nature, one of the varieties of conditional release from punishment is a conditional conviction (Article 73 of the Criminal Code), although the legislator regulates it in the chapter "Imposition of Punishment". Not included in Ch. 12 and Art. 84, 85 of the Criminal Code, regulating issues of release from punishment under acts of amnesty and pardon, as well as part 2 of Art. 10 of the Criminal Code, providing for release from punishment by virtue of changes in the criminal law.

Let's consider each type in more detail.

3.2 Conditional Sentence

The essence of a suspended sentence is that a court, when passing a guilty verdict, assigns a specific type of punishment to the convicted person and determines its size, but decides to consider the sentence imposed as a conditional one, i.e. does not bring his execution under the condition of the convicted person fulfilling certain requirements.

The basis for the application of a conditional sentence is the possibility established by the court to correct the convicted person without actually serving the imposed sentence.

A conditional sentence must meet the goals of a conditionally sentenced person. Therefore, the court, if necessary, may, taking into account the specific circumstances, the identity of the perpetrator, his behavior in the family, etc. assign two groups of responsibilities to the conditionally convicted person. The responsibilities of the first group are directly listed in Part 5 of Art. 73 of the Criminal Code: a) not to change permanent residence, work, study without notifying the specialized state body that carries out the correction of the convicted person; b) not to visit certain places; c) undergo a course of treatment for alcoholism, drug addiction, substance abuse or a venereal disease; d) provide material support to the family. These responsibilities can be assigned in full or in part. The court has the right to impose on the convicted person other duties, the fulfillment of which, in the court's opinion, will contribute to his correction (for example, to oblige the convicted person to eliminate the property damage caused by the crime within a certain period of time, not to violate public order, to go to school).

Control over the behavior of conditionally convicted persons during the probationary period is carried out by the criminal executive inspections at the place of residence of the conditionally convicted, and in relation to conditionally convicted military personnel - by the command of military units or institutions (part 1 of article 187 of the RF PEC).

3.3 Conditional release from serving a sentence

Parole is one of the types of release from serving a sentence. Its essence lies in the release of the convicted person from further actual serving of the sentence, subject to the obligatory observance of a number of prescriptions listed in the law and established by the court in accordance with Art. 79 and 93 of the Criminal Code.

Parole is one of the most commonly used, since it can affect persons, the Criminal Code of the Russian Federation allows the release of persons serving sentences in the form of: detention in a disciplinary military unit; imprisonment. In this case, a person can be fully or partially released from an additional type of punishment (part 1 of article 79 of the Criminal Code). This can only be the deprivation of the right to hold certain positions or engage in certain activities. This is the only urgent punishment that can be imposed as an additional one.

The ground for parole is the conviction of the court that the convicted person does not need to serve the sentence in full for his correction. Correction of convicts is understood as the process of forming in them a respectful attitude towards a person, society, work, norms, rules and traditions of human society and stimulating law-abiding behavior (part 1 of article 9 of the Criminal Code of the Russian Federation).

According to Part 3 of Art. 79 of the Criminal Code, parole can be applied only after the convicted person has actually served:

a) at least one third of the sentence imposed for a crime of little or medium gravity;

b) not less than half of the term of punishment assigned for a serious crime;

c) at least two-thirds of the term of punishment imposed for a particularly grave crime, as well as two-thirds of the term of punishment assigned to a person previously released on parole, if parole was canceled on the grounds provided for in Part 7 of Art. 79 of the Criminal Code.

3.4 Release from punishment in connection with the replacement of the unserved part of the punishment with a milder form

Replacing the unserved part of the punishment with softer ones refers to optional types of release from punishment, i.e. the decision of this question depends on the discretion of the court.

The court has the right to replace such basic types of punishment as restriction of freedom, confinement in a disciplinary military unit or imprisonment. A person can also be fully or partially exempted from any additional type of punishment, if at the time of replacement this punishment has not been executed. As a rule, we are talking about deprivation of the right to hold a certain position or engage in certain activities, since in the case of their appointment as additional to restriction of freedom, detention in a disciplinary military unit, imprisonment, they apply to the entire period of serving the main types of punishment, but at the same time the term of the additional punishment is calculated from the moment of serving the main one (part 4 of article 47 of the Criminal Code).

The grounds for replacing the unserved part of the sentence with a softer one are such positive changes in the convict's behavior, which indicate that for his further correction he no longer needs to fully serve the sentence imposed by the court.

The replacement of the unserved part of the sentence with a milder form is final. In the event that a person commits a new crime, unserved part punishment, which was replaced by restriction of freedom, confinement in a disciplinary military unit or imprisonment.

3.5 Release from punishment due to a change in the situation

This type of release from punishment was first included in the Criminal Code (Art. 801). The reason for its application is the inexpediency of imposing punishment on a person in a changed environment, in which this person or the act committed by him has ceased to be socially dangerous.

In fact, in Art. 801 of the Criminal Code provides for two types of exemption from punishment, although very similar: the disappearance of the public danger of the person who committed the crime, or the disappearance of the public danger of the act committed by him.

In both cases, in addition to grounds, the law requires two conditions to be exempted from punishment:

1) commission of a crime for the first time. A person is considered to have committed a crime for the first time if he has not previously committed a crime, or has committed, but the conviction has been removed or canceled, or the statute of limitations for criminal liability has expired;

2) commission of a crime of minor (part 2 of article 15 of the Criminal Code) or of medium severity (part 3 of article 15 of the Criminal Code).

3.6 Exemption from punishment due to illness

Article 81 of the Criminal Code provides for three independent grounds for exemption from punishment related to the disorder of the health of the person who committed the crime:

1) a mental disorder that deprives him of the opportunity to realize the actual nature and social danger of his actions (inaction), which arose after the commission of a crime.

2) another serious illness that prevents the serving of the sentence.

3) a disease that makes a soldier unfit for military service.

3.7 Deferral of serving sentences for pregnant women and women with young children

Article 82 of the Criminal Code provides for an optional ground for exemption from punishment for pregnant women and women with children under 14 years of age.

According to Part 3 of Art. 26, part 5 of Art. 42, item "a" part 2 of Art. 55, art. 177 of the RF PEC, a deferral may be granted from serving the following types of punishment: 1) compulsory work; 2) correctional labor; 3) restriction of freedom; 4) imprisonment.

The grounds for release from punishment are the pregnancy of the defendant or the convicted person, or the presence of a child under the age of 14, since in the presence of such circumstances, the corrective effect of the sentence actually being served is significantly more difficult.

However, an extension is not granted to women sentenced to imprisonment for more than 5 years for grave and especially grave crimes against the person. Within the meaning of the law, crimes against the person in this case are understood as crimes in which the person acts as not only the main, but also an additional object.

Pregnancy is established based on medical report, and the presence of a young child - a birth certificate, a court decision on adoption, or a certificate of the presence of a child.

3.8 Release from serving a sentence in connection with the expiration of the statute of limitations for the court's conviction

The limitation period of the court's conviction is the expiration of the terms established in the criminal law, after which the sentence passed cannot be carried out and the convicted person must be released from the punishment imposed on him. A court verdict that has entered into legal force may not be carried out due to various kinds of circumstances: prolonged illness of the convict, war, negligence of the staff of the office, etc.

As a general rule, the expiration of the statute of limitations for a conviction is a mandatory basis for the release of a person from punishment. Their duration depends on the category of the committed crime and is: 1) 2 years - in case of conviction for a crime of minor gravity; 2) 6 years - upon conviction for a crime of average gravity; 3) 10 years - upon conviction for a serious crime; 4) 15 years - upon conviction for an especially grave crime.

In part 3 of Art. 83 of the Criminal Code provides for an exception to the general rule. The application of the statute of limitations for a conviction against a person sentenced to death or life imprisonment is optional. The question of the application of limitation to this person depends on the discretion of the court. If the court finds it impossible to apply the statute of limitations, it is obliged to replace the death penalty or life imprisonment with imprisonment for a specified period.

The above types of exemption from punishment, as well as significant changes made to the Criminal Code of the Russian Federation, indicate an increase in the humanity of society and the state. The possibility of compliance with any of the types of exemption from punishment is certainly a great incentive for the correction of the convicted person.

Conclusion

The basis of the criminal law fight against crime is punishment. The concepts of crime and punishment are inextricably linked. They form the foundation of criminal law. Of great importance is the appointment of a fair punishment to all persons found guilty of committing crimes. Errors in the appointment of criminal punishment, along with other factors, weaken the fight against crime, lead to an increase in its level. At the same time, the generalizations of judicial practice show that errors in sentencing make up about 64% of the identified cases of incorrect application of the criminal law. And one of the reasons for this is the underdevelopment, complexity of the general theory of the appointment of criminal punishment, as well as issues related to the imposition of criminal punishment by the courts.

Despite a significant number of works devoted to certain aspects of the problem of assigning criminal punishment, in the modern theory of criminal law there are no special studies on the measure of punishment. The concept of a measure of punishment is interpreted ambiguously by scientists, there are contradictions in the legislation. Of great importance is the problem of determining by the court a specific measure of criminal punishment for each person found guilty of committing a crime. But formulated by the legislator in Art. 60 of the Criminal Code of the Russian Federation, general principles or rules for imposing punishment are not enough to determine the measure of punishment in each specific case. Thus, in the criminal law there are no recommendations on what exactly the court should be guided by when imposing punishment within the limits of the sanctions of the norms of the Special Part of the Criminal Code. There is also no indication what kind of personal data should be taken into account when determining the penalty.

The question of the concept and essence of criminal punishment is one of the central in the theory and jurisprudence... For the concept of the institution of punishment, it is important to know the history of its development. The activity of the state to impose punishment for the crimes committed is the most important part of his criminal policy, the content of which largely depends on the mitigation or intensification of repression, judicial punishment or extrajudicial punitive arbitrariness.

The problems of criminal punishment, the establishment of criteria defining the limits of judicial discretion, the sufficiency of punishment measures in assessing various types of crimes were the subject of study by representatives of various branches of knowledge: theological, philosophical and especially legal.

Criminal punishment is a form of state influence against the perpetrator, associated with the restriction of his rights and freedoms, imposed by the court for acts provided for by the Criminal Code of the Federation, which entails a criminal record.

The problem of the principles of sentencing is also one of the debatable ones in the theory of criminal law. Until now, such issues as the system of these principles, the formulation of individual principles, the relationship between principles and general principles of sentencing are still not clear.

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Course work on the subject: "Criminal Law"

At the time of writing, the originality is 65%.

Introduction ................................................. .................................................. ............... 3

Chapter 1. Theoretical aspects of the organization of the system of criminal punishments in Russia ... 5

1.1. The concept and essence of the system of criminal punishment in Russia ...................... 5

1.2. Composition of the system of criminal penalties .............................................. ............ eleven

Chapter 2. Problems of the development of the system of criminal punishments in Russia ............. 15

2.1. The effectiveness of the application of the system of criminal penalties ....................... 15

Conclusion................................................. .................................................. ......... 28

List of used sources and literature ............................................ 30

List of sources and literature used
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3. The Criminal Procedure Code of the Russian Federation. Federal Law of December 18, 2001 No. 174-FZ (as amended on November 22, 2016) // SZ RF. - 2001. - No. 52. - Art. 4921.

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11. Plyushcheva E.L. Regulation of the institution of parole in relation to convicts serving a criminal sentence in the form of life imprisonment // Advocate practice. - 2015. - No. 3. - S. 25-28.

12. Romashov R.A. Rethinking some dogmas of criminal law in the context of modernization of the Russian system of execution of sentences // Criminal executive system: law, economics, management. - 2015. - No. 2. - S. 6-10.

13. Russian criminal law. General part: in 2 volumes. Vol. 1 / ed. L. V. Inogamova-Khegai, V. S. Komissarova, A. I. Rarog. - 3rd ed., Rev. and add. - M.: Prospect, 2011 .-- 528 p.

14. Sivov V. V. Problems of sentencing in the form of restrictions on military service // Military Law Journal. - 2011. - No. 4. - S. 12-14.

15. Teplyashin P.V. New law on criminal punishment in the form of restriction of freedom // Legality. - 2013. - No. 3. - S. 13-14.

16. Trofimov E. V. Deprivation of official awards in the award production and the problems of its legislative regulation // Constitutional and municipal law. - 2011. - No. 11. - S. 70-73.

17. Criminal law of Russia. Parts General and Special: textbook for bachelors / otv. ed. A.I. Rarog. - M.: Prospect, 2016 .-- 496 p.

18. Criminal law. General part: textbook for bachelors / ed. A.I. Chuchaeva. - M.: Prospect, 2016 .-- 442 p.

19. Criminal law of Russia. General and Special parts: textbook / ed. V.K. Duyunova. - 3rd ed. - M.: RIOR: INFRA-M, 2015 .-- 681 p.

20. Criminal law. General part: textbook / Siberian Federal University. Legal Institute; otv. ed. A.N. Tarbagaev. - M.: Prospect, 2016 .-- 448 p.

21. Criminal law foreign countries... General and Special parts: textbook / ed. I. D. Kozochkina. - 3rd ed., Rev. and add. - M.: Walters Kluver, 2015 .-- 1056 p.

Empirical material

22. Resolutions of the Plenum of the Supreme Court of the Russian Federation No. 1 of April 29, 1996 "On the court verdict" (as amended by the Resolution of the Plenum of the Supreme Court of the Russian Federation of April 16, 2013) // Bulletin of the Supreme Court of the Russian Federation. - 1996. - No. 7.

23. Resolution of the Plenum of the Supreme Court of the Russian Federation of February 01, 2011 No. 1 "On judicial practice of the application of legislation governing the specifics of criminal liability and punishment of minors" (as amended by the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 6 of April 02, 2013) / / Bulletin of the Supreme Court of the Russian Federation. - 2011. - No. 1.

24. Resolution of the Plenum of the Supreme Court of the Russian Federation of April 21, 2009 No. 8 "On the judicial practice of conditional early release from serving a sentence, replacing the unserved part of the sentence with a milder type of punishment" (as amended by the Resolution of the Plenum of the Supreme Court of the Russian Federation of November 17, 2015 .) // Bulletin of the Supreme Court of the Russian Federation. - 2009. - No. 4.

25. Resolution of the Plenum of the Supreme Court of the Russian Federation of December 22, 2015 No. 58 "On the practice of appointing criminal punishment by the Courts of the Russian Federation" // Bulletin of the Supreme Court of the Russian Federation. - 2016. - No. 2.

26. Case No. 2-128 / 2014, L. 71-73. // Archive of the Beloretsk District Court of the Republic of Bashkortostan.

27. Case No. 2-23 / 2013, L. 12 - 14. // Archive of the Leninsky District Court of Magnitogorsk.

28. Case 22-2327 / 2016 // Archive of the Kemerovo Regional Court (Kemerovo Region)

29. Case 22-225 / 2016 // Archive Supreme Court Altai Republic

30. Case 22-842 / 2016 // Archive of the Supreme Court of the Udmurt Republic (Udmurt Republic)

31. Case 22-699 / 2016 // Archive of the Smolensk Regional Court (Smolensk Region)

32. Case 5-118 / 2016 // Archive Judicial site of the magistrate No. 3 of the Dzerzhinsky district of Nizhny Tagil

33. Case 10-17 / 2016 // Archive of Rasskazovsky District Court (Tambov Region)

34. Case 22-688 / 2016 // Archive of the Smolensk Regional Court (Smolensk Region)

35. Case 1-196 / 2011 // Archive of the Sergiev Posad city court (Moscow region)

PRICE OF WORK: 500 rubles.

WORK CODE:Crp_0251

1. Penalty- a certain amount of money specified in the article of the Russian Federation, which is equal to a certain number of minimum wages (from 25 to 1,000) or to the amount of wages (other income of the convict) for the number of months specified in the article (article 46 of the Criminal Code of the Russian Federation).

2. Deprivation of the right to hold certain positions or engage in specific activities. This punishment is imposed for the period specified in the article, and can only be applied to persons who are in the service of government organizations and in local governments (Art. 47 of the Criminal Code of the Russian Federation).

3. Mandatory work appointed by the court for a specific
term, within the limits specified in the article of the Criminal Code. This means that convicts perform free socially useful work in their free time from work or study. The type of work is determined by local governments. At the same time, no more than 4 hours can be worked per day. This type of punishment cannot be assigned to disabled persons of groups I and II, pregnant women and women with children under the age of 8, persons who have reached retirement age, as well as military personnel.

4. Correctional labor is a punishment that does not entail
deprivation or restriction of freedom. It consists in the fact that
The convict's salary is withheld in the state income, a part of the earnings (from 5 to 20%) for a period of 2 months to 2 years. In the event of malicious evasion from the execution of this punishment, the court has the right to replace the unserved punishment with restraint of liberty, arrest or imprisonment (at the rate of one day of correctional labor for one day of restriction of liberty, one day of arrest for two days of correctional labor or one day of imprisonment for three days of correctional labor). works). The convict is serving correctional labor where he works. The term of such punishment includes the years, months and days during which the deductions were made from the convict's salary.

5. Restriction of freedom- compulsory detention of a person in a special institution, without isolation from society, in conditions of supervision over him. Convicted persons serve this sentence at their place of residence or at the place of their conviction. Convicts live in specially equipped hostels, are obliged to stay within the institution and do not have the right to leave this territory without the permission of the administration. Supervision over them is carried out both during work and in free time from work. This type of punishment can only be applied to persons who have reached 18 years of age at the time of sentencing, and cannot be imposed on disabled persons of groups I and II, pregnant women and women with children under the age of 8, as well as citizens who have reached retirement age(Article 53 of the Criminal Code of the Russian Federation).

6. Arrest- short-term type of punishment, which involves
keeping the convict in conditions of strict isolation. For this view
punishment is subject to the conditions of detention provided for
for citizens serving a sentence of imprisonment in
prison in a general regime. Arrest cannot be ordered
persons who have not reached 16 years of age at the time of sentencing, pregnant women and women with children under the age of 8 (Article 54 of the Criminal Code of the Russian Federation). This type of punishment, as well as compulsory work, will be put into effect after the entry into force of the Criminal Executive Code of the Russian Federation - as the necessary conditions for the execution of these types of punishments are created, but no later than 2001.

7. Deprivation of liberty for a specified period(from 6 months to
20 years). When adding up the terms assigned for the commission of several crimes, imprisonment can reach 25 years. If the convicted person, after sentencing him and before serving his sentence, commits another crime or several crimes, the terms assigned for different sentences add up and the maximum term of imprisonment may increase to 30 years.

8. Life imprisonment(Article 57 of the Criminal Code of the Russian Federation). Appointed
as an alternative to the death penalty for the commission of especially grave crimes that encroach on life.

9. Death penalty(Article 59 of the Criminal Code of the Russian Federation). An exceptional measure of punishment that can be imposed for especially grave crimes,
associated with encroachment on life. This type of punishment cannot be applied to women, as well as persons who have committed crimes under the age of 18, and men who at the time of the sentencing are 65 years old. Currently, the application of this type of punishment has been suspended.

When imposing punishment, the nature and degree of social danger of both the crime and the personality of the perpetrator, circumstances mitigating and aggravating responsibility, the degree of influence of the imposed punishment on the correction of the convict and on the living conditions of his family are taken into account.

As mitigating guilt, the Criminal Code provides for the following circumstances:

a) commission of a crime of small gravity for the first time, due to a coincidence of circumstances;

b) the commission of a crime by minors;

c) pregnancy;

d) the guilty person has young children;

e) the commission of a crime due to a combination of difficult life circumstances (unemployment, family conflicts, a decrease in the living standard of the perpetrator) or out of compassion (deprivation of the life of a hopelessly ill or mortally wounded at his request);

f) commission of a crime as a result of physical or mental coercion or due to material, service or other dependence;

g) commission of a crime caused by unlawful or
immoral actions of the victim.

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The named article has significantly changed the list of punishments, in comparison with the similar article. 21 of the Criminal Code of the RSFSR in 1960, supplementing it with such new types as compulsory work, restrictions on military service, restriction of freedom, arrest, life imprisonment. The system of punishments includes previously not included in it punishments in the form of detention in a disciplinary military unit (previously referred to as an assignment to a disciplinary battalion) and the death penalty.

Not only the name has been changed, but also the content of some of the punishments. So, instead of deprivation of a military or special rank, punishment is provided in the form of deprivation of a special, military or honorary title, class rank and state awards; instead of correctional labor without imprisonment - correctional labor; instead of imprisonment - imprisonment for a certain period.

2 ... The list of the types of punishments contained in Art. 44 of the Criminal Code of the Russian Federation, is exhaustive and not subject to broad interpretation.

In practice, this means that the court in law enforcement is obliged to adhere to this list and is not entitled to apply penalties that are not provided for by law.

3 ... The system of punishments is formed by a list of their types, arranged in a certain order according to the degree of severity.

The procedure for the arrangement of punishments established by law shows their ratio. In the Criminal Code of the Russian Federation, punishments are arranged in order from less severe to more severe. This procedure is intended to orient the courts towards the economy of criminal repression.

In accordance with Part 1 of Art. 60 of the Criminal Code of the Russian Federation, a more severe type of punishment from among those provided for a committed crime is imposed only if a less severe type of punishment cannot ensure the achievement of the goals of punishment.

It should be borne in mind that the system of punishments is formed precisely by their sequence, which is given in Art. 44 of the Criminal Code of the Russian Federation.

Taking into account the variety of penalties provided for by the law, as well as the conditions under which they can be imposed, the legal literature offers various options for the classification of punishments. Without going into their detailed description, let us dwell only on those classifications that seem to be the most methodologically significant in the study of criminal law.

Depending on the content and main focus of legal restrictions that make up the content of certain types of punishment, the following can be distinguished among the latter.

1. Punishments not related to the isolation of the convicted person from society, including:

a) aimed at limiting the rights provided for by the Constitution of the Russian Federation (Articles 34-37) to freely dispose of personal property, land, wages, as well as special benefits and advantages provided by law for certain categories of citizens - a fine, deprivation of a special, military or honorary title, class rank and state awards;

b) aimed at limiting those arising from Art. 37 of the Constitution of the Russian Federation of the powers of citizens to freely dispose of their abilities for work, to choose an occupation and profession - deprivation of the right to hold certain positions or engage in certain activities;
- compulsory work;
- correctional labor;

c) aimed at limiting the provisions of Art. 27 of the Constitution of the Russian Federation, the rights of citizens to free movement, choice of place of stay and residence - restriction of freedom; content in a disciplinary military unit.

2. Punishments associated with isolation from society,- arrest, imprisonment for a certain period, life imprisonment.

3. Exceptional punishment

In accordance with the stipulated in Art. 45 of the Criminal Code of the Russian Federation, by the procedure for the application of punishments, they are divided into three groups:

a) basic;
b) additional;
c) assigned either as main or as additional.

The main punishments can only be imposed independently and independently of each other.

They cannot join other forms of punishment. When determining the punishment, the court can impose only one of the main punishments provided by the law for the given crime.

The main punishments include:

This type of punishment was also known to the former Criminal Code, in which it was called a referral to a disciplinary battalion. Article 55 of the Criminal Code of the Russian Federation not only changed its name, but also expanded the circle of persons to whom this punishment can be applied. Maintenance in a disciplinary military unit is applied only as the main punishment and only to servicemen doing military service in the positions of privates and sergeants by conscription or contract.

This punishment is established for a period of three months to two years in cases:

a) committing crimes against military service, if this punishment is provided for by the relevant norm of the Special Part of the Criminal Code of the Russian Federation;
b) committing other crimes when the nature of the crime and the identity of the perpetrator indicate the possibility of replacing imprisonment for a term of not more than two years by keeping the convicted person in a disciplinary military unit for the same term.

The replacement of imprisonment with content in a disciplinary military unit is carried out by the court both when choosing between different types of punishment, and when replacing an already assigned imprisonment with a referral to a disciplinary military unit on the basis of these punishments day after day.

Thus, punishment in the form of confinement in a disciplinary military unit can be applied to servicemen for committing both military and other crimes. Its main purpose is to replace punishment in the form of imprisonment in cases of conviction for minor crimes, when the goals of correcting and preventing the recurrence of crimes can be achieved without isolating a person from society in a disciplinary military unit.

The disciplinary unit is a military unit specially designed to serve the criminal punishment in question, the procedure and conditions of detention in which are regulated by the norms of criminal executive law.

In disciplinary military units (separate disciplinary battalions and separate disciplinary companies), the procedure for the execution and serving of sentences is established, which ensures the correction of convicts, the education of military discipline in them, a conscientious attitude to military service, the execution of the assigned military duties and requirements for military training, the implementation of their rights and legitimate interests, protection of convicted military personnel and supervision over them, personal safety of convicts and unit personnel. From the content of Chapter 20 of the RF PEC it is clear that the regime of detention of convicts in disciplinary military units is in many respects similar to the regime established in places of deprivation of liberty.

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Deprivation of liberty, as indicated in Part 1 of Art. 56 of the Criminal Code of the Russian Federation, is to isolate a convicted person from society by sending him to a special institution for a period determined by a court verdict.

At the same time, Art. 56 of the Criminal Code of the Russian Federation provides that, as a general rule, imprisonment can be imposed by a court verdict ranging from two months to twenty years, and when a sentence is imposed on a cumulative crime or a set of sentences (Articles 69, 70 of the Criminal Code of the Russian Federation), the final terms of this punishment should not exceed, respectively, twenty-five and thirty years.

When sentenced to imprisonment of minors, as indicated in Part 6 of Art. 88 of the Criminal Code of the Russian Federation, the maximum sentence for persons who have committed crimes under the age of sixteen cannot exceed six years. The same category of minors who have committed especially grave crimes, as well as other convicted minors, are imprisoned for a term of up to ten years.

Serving a sentence in the form of imprisonment is associated with significant restrictions on the rights and freedoms of the convicted person and, as a rule, entails certain physical deprivation and moral experiences for him.

Therefore, the current legislation and the Supreme Court of the Russian Federation focus on the need for a balanced, deliberate approach to the application of this punishment, especially in cases of commission of crimes of small or medium severity for the first time in the presence of circumstances mitigating liability.

Punishment in the form of imprisonment may not be imposed on a convicted juvenile who has committed a minor or medium-gravity crime for the first time at the age of sixteen years, as well as other juvenile convicts who have committed a minor crime for the first time.

In accordance with the norms of criminal procedural law, the court in its conviction is obliged to motivate the imposition of a sentence of imprisonment if the sanction of the criminal law provides for other punishments not related to imprisonment.

In this case, the indication of Part 1 of Art. 60 of the Criminal Code of the Russian Federation that a more severe type of punishment from among those provided for a committed crime is imposed only if a less severe type of punishment cannot ensure the achievement of the goals of punishment.

In addition, in order to ensure the principle of justice, as well as to avoid harm to convicts and to ensure their personal safety, the law provides for the serving of sentences in the form of imprisonment in specially designated institutions of various types.

The grounds for sending convicts to institutions of one type or another are established by Art. 58 of the Criminal Code of the Russian Federation. So, in colonies-settlements, persons who have reached the age of eighteen by the time the court sentenced them (adults), convicted of careless crimes, as well as those sentenced to imprisonment for deliberate crimes of small and medium gravity, who have not previously served imprisonment, are serving their sentences.

Taking into account the circumstances of the commission of the crime and the personality of the guilty person, the court may appoint these persons to serve their sentences in correctional colonies with a general regime, indicating the reasons for the decision.

Adult men who have been sentenced to imprisonment for committing grave crimes and who have not previously served this sentence, as well as adult women sentenced to imprisonment, are sentenced to serving their sentences in general regime correctional colonies.

Adult men who have not previously served imprisonment, but who have been convicted of especially grave crimes, as well as those who have committed crimes in case of a recidivism and have previously served imprisonment, are sent to correctional colonies with a strict regime.

In correctional colonies of a special regime, adult men who have committed crimes with a particularly dangerous recidivism serve a sentence of imprisonment for a certain period.

Serving part of the sentence in prison may be imposed on persons sentenced to more than five years for committing especially grave crimes, as well as in cases of especially dangerous recurrence of crimes, in cases where the court deems it necessary to strengthen the punitive and educational impact on a specific person.

In this case, the court counts the time of the convict's detention in custody until the entry into legal force of the conviction in the term of serving the sentence in prison.

As indicated in Part 6 of Art. 88 of the Criminal Code of the Russian Federation, minors sentenced to imprisonment serve their sentences in educational colonies.

It should be borne in mind that the norms of criminal executive law provide for the separate maintenance of certain categories of convicts in correctional and educational institutions of the same type.

Therefore, in correctional and educational colonies, male and female convicts are held separately, those sentenced to imprisonment for the first time are kept separately from convicts who have previously served imprisonment.

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Criminal punishment in the form of life imprisonment has long been practiced by many states mainly as a substitute for the death penalty. This punishment is most widely used in countries where the death penalty is not provided for by law or is not actually applied.

In Russia, it was introduced by the Law of the Russian Federation of December 17, 1992, which supplemented Art. 24 of the Criminal Code of the RSFSR, indicating that if the death penalty is replaced by imprisonment by way of pardon, it can be assigned for life. At the same time, however, life imprisonment was not included in the system of criminal punishments and could be applied not by a court, but only by the President of Russia in order to pardon those sentenced to death.

The new Criminal Code of the Russian Federation has included life imprisonment in the punishment system as a measure that can be applied not only by way of pardon by the President of the Russian Federation, but also by the court in cases where he considers it possible not to apply the death penalty.

At first, this punishment is indefinite, i.e. as a general rule, he is served until the death of the convicted person as a result of natural or other reasons. Hence, by the nature of the mental impact on the consciousness of a convicted person, life imprisonment is qualitatively different from imprisonment for a certain period.

This is evidenced, for example, by the fact that in the process of serving life imprisonment, especially at the first stage, many convicts, faced with strict conditions of detention in the absence of prospects for release from punishment, experience strong feelings of depression, hopelessness, despair, attempt suicide, referrals applications for the application of the death penalty to them, etc.

Secondly, life imprisonment is applied for the commission of a limited range of crimes. As stated in Art. 57 of the Criminal Code of the Russian Federation, it is established only as an alternative to the death penalty for the commission of especially grave crimes that encroach on life. In other words, this punishment can be imposed only for the commission of those crimes that, according to the law, can be punishable by death.

Currently, according to the Criminal Code of the Russian Federation, such crimes are:

1) premeditated murder under aggravated circumstances (part 2 of article 105):
2) encroachment on the life of a statesman or public figure (Article 277);
3) encroachment on the life of a person administering justice or preliminary investigation (Art. 295); 4) encroachment on the life of a law enforcement officer (Article 317); 5) genocide (Article 357).

Thirdly, life imprisonment applies to a limited number of persons. In particular, it cannot be assigned to women, as well as to persons who have committed a crime under the age of eighteen, and to men who have reached the age of sixty-five by the time the court sentenced them.

Fourth, the law provides special conditions serving punishment and release from punishment of persons serving life imprisonment. For example, in accordance with Art. 58 of the Criminal Code of the Russian Federation, these persons serve their sentences in correctional colonies of a special regime separately from other categories of convicts, where the first ten years are necessarily placed in strict conditions for serving their sentences (Article 127 of the Criminal Code of the Russian Federation).

In addition, life-sentenced prisoners can be sent to prison for the term specified in the court's verdict. According to Part 5 of Art. 79 of the Criminal Code of the Russian Federation, they can be submitted for parole after the actual serving of at least twenty-five years of imprisonment, but only if the convicted person has not maliciously violated the established procedure for serving the sentence during the previous three years.

Convicts who have committed a new grave or especially grave crime during the period of serving a life sentence shall not be submitted to parole.

Life imprisonment can only be imposed as the main punishment.

THE DEATH PENALTY

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The death penalty is the most severe and, according to many, too cruel criminal punishment. It consists in the deprivation of the convicted person's life and, if enforced, is characterized by irreversibility.

Therefore, for several centuries there have been lively discussions on the advisability of using this type of criminal punishment. Apparently, the decisive argument in this dispute is that, as shown by numerous studies, the practice of using the death penalty does not significantly affect the dynamics of the most dangerous criminal manifestations.

However, so far many people consider this punishment not only the most fair, but also the only one possible in certain situations. Therefore, the death penalty is still used in a number of countries around the world.

In Russia during the XX century. the death penalty was abolished five times, but each time it was reinstated again after a short time. Currently, its application is based on Art. 20 of the Constitution of the Russian Federation, according to which the death penalty “up to its abolition may be established federal law as an exceptional measure of punishment for especially grave crimes against life when the accused is given the right to have his case examined by a court with the participation of a jury ”.

In accordance with this Art. 59 of the Criminal Code of the Russian Federation provides for the death penalty as a temporary measure. Taking into account the Decree of the President of the Russian Federation of May 16, 1996 "On the gradual reduction in the use of the death penalty in connection with Russia's entry into the Council of Europe", in fact, this punishment has not been executed in our country since mid-1996. executions formally remain in force.

The death penalty is classified by law as one of the main types of criminal punishment. Its appointment as an exceptional measure must be necessarily motivated in the court's verdict.

Like life imprisonment, the death penalty can be applied only for the commission of especially grave crimes against life and cannot be imposed on minors, women, or men who have reached the age of sixty-five.

She is also not appointed upon a jury verdict of leniency (article 65 of the Criminal Code of the Russian Federation), for preparation and attempted crime (part 4 of article 66 of the Criminal Code of the Russian Federation). Some restrictions on the use of the death penalty are provided for within the framework of the institutions of exemption from liability or punishment for the expiration of the statute of limitations (Articles 78, 83 of the Criminal Code of the Russian Federation), as well as in the norms of criminal procedure and penal law.

According to Part 3 of Art. 59 of the Criminal Code of the Russian Federation, the death penalty by way of pardon can be replaced by life imprisonment or imprisonment for a term of twenty-five years.

Legal literacy of motorists

The system of punishments according to the Criminal Code of the Russian Federation. What is the system of punishments under Russian criminal law? Criminal punishment - life imprisonment

THE DEATH PENALTY

THE DEATH PENALTY

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