Open AccessCRIMINAL CODE OF THE RUSSIAN FEDERATION TWENTY YEARS: ACHIEVEMENTS AND MISSED OPPORTUNITIES
Author(s) -
G. L. Minakov,
L. A. Abashina
Publication year - 2017
Publication title -
izvestiâ ûgo-zapadnogo gosudarstvennogo universiteta
Language(s) - English
Resource type - Journals
eISSN - 2686-6757
pISSN - 2223-1560
DOI - 10.21869/2223-1560-2017-21-3-130-140
Subject(s) - criminal code , legislator , russian federation , legislation , law , political science , punishment (psychology) , convict , criminal law , sanctions , criminal procedure , code (set theory) , business , psychology , computer science , set (abstract data type) , programming language , social psychology , economic policy
This paper analyzes the criminal legislation of the Russian Federation, which is 1 January 2017 marks the twentieth anniversary of the entry into force. Draws attention to a number of problems associated with the many changes made to the text of the Law. There is a significant difference between a modern edition of the Criminal code of the Russian Federation of the sample 2016 from the Criminal code of the Russian Federation at the time of its adoption in 1996. Indicates the number of egregious errors and omissions of the legislator in constructing the norms, not all of which today are corrected. It is stated that hitherto the criminal code of the Russian Federation in full is not entered into force. In particular, not put into effect the provisions of the Criminal code of the Russian Federation on the punishment in the form of arrest, despite the expiry of the deadline of entry (2006). Thus it is proved that stipulated by the legislator in the Criminal-Executive code of the Russian Federation of conditions of serving of arrest for much stricter than the conditions of detention of the convict in jail, which violates the principle of fairness criminal law. The authors emphasize that the economic factor in justifying the imposition of arrest generally not taken into account. In this connection, the conclusion about the need to exclude these norms of the current legislation. It is noted that a similar situation exists with the new punishment in the form of forced labor. The paper argues that the inability of the purpose of forced labor may result in adverse legal consequences for the persons serving compulsory work, corrective labour and restriction of freedom in case of malicious evasion from serving of the latter. The authors note, requires a final decision and issue the death penalty.