Open AccessLegal Issues of Regulation of Arrest as a Criminal Punishment Type and Its Implementation Prospects
Author(s) -
Ekaterina V. Avdeeva
Publication year - 2021
Publication title -
advokatskaa praktika
Language(s) - English
Resource type - Journals
ISSN - 1999-4826
DOI - 10.18572/1999-4826-2021-3-24-28
Subject(s) - punishment (psychology) , imprisonment , law , criminal law , enforcement , criminal code , political science , incentive , law enforcement , criminology , business , psychology , economics , social psychology , microeconomics
The article describes the stages of arrest as a form of punishment in the current criminal code, the persons in respect of which appointment by the court of arrest is not allowed, the base replacement and the mechanism of implementation. On the basis of the norms of penal enforcement law, the procedure for keeping prisoners under arrest and the specifics of serving it is defined. The rules of serving the arrest of convicted military personnel, incentives and penalties are analyzed. The problems of implementation of arrest at the law enforcement level related to the imposition of punishment in the form of arrest, which entailed significant violations of the criminal law, are identified. The author reveals doctrinal research in Russian and foreign law in the sphere of arrest implementation, the advantages of this type of punishment over short-term imprisonment.