PENAL SYSTEM NEEDS IMPROVEMENT Cover Image

СИСТЕМА УГОЛОВНЫХ НАКАЗАНИЙ НУЖДАЕТСЯ В СОВЕРШЕНСТВОВАНИИ
PENAL SYSTEM NEEDS IMPROVEMENT

Author(s): Sergei Vladimirovich Tasakov
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Human Rights and Humanitarian Law, Law and Transitional Justice, Sociology, Social development, Criminology, Penology
Published by: Казанский (Приволжский) федеральный университет
Keywords: punishment; punishment system; humanization; types of penalties; application of penalties; criminal law;

Summary/Abstract: Changes in the system of criminal penalties and compliance with the principle of humanism substantiate the need to study the current Russian criminal law. One of the traditional and, at the same time, urgent problems in the system of application of the Criminal Code is the use of different types of punishments. The purpose of this paper is to analyze penalties under the criminal legislation of Russia and a tendency to humanization of criminal laws and the provisions of Arts. 44 and 45 of the Criminal Code of the Russian Federation, as well as to determine the importance of addressing the problematic relationship between the norms of the Russian legislation. The purpose of the research is achieved on the basis of the analysis of the norms of the current Russian criminal law. Special attention is paid to the Criminal Code, summary statistics on the status of a criminal record in Russia. The methodological potential includes comparative law and complex analysis making it possible to compare the content and value bases of various types of punishment. The author examines the types of punishment and suggests making certain changes to the current Russian legislation aimed at its further perfection through improvement of the criminal law. The study of the existing penal laws allows us to understand on what the arguments are based, the substance and content of the system of criminal penalties, as well as to explore the legal problems of application of different types of punishment with account of the criminal law and perfection practice in order to eliminate the existing contradictions. The current criminal punishment system requires adjustments, including timely and legal regulation of certain types of punishment. As a result of the research and the proposals made for improving the system of criminal punishment, the point of view on the possibility of a more effective achievement of the objectives of punishment and on the implementation of the principles of justice and humanism is justified.

  • Issue Year: 158/2016
  • Issue No: 2
  • Page Range: 605-616
  • Page Count: 12
  • Language: Russian