CORELLATION OF THE CONTENT OF RESTRICTION OF FREEDOM TO THE REQUIREMENTS FOR BEHAVIOR OF A PERSON FOR THE PERIOD OF PROBATION AND UNSERVED PART OF SENTENCE
Rubrics: MAIN RUBRIC
Authors:
1.
Ulyanovsk Branch of the Russian Academy of National Economy and Public Service of the Russian Federation
Type:
Article
Pages:
from 485
to 488
Status:
Published
Received:
12.12.2018
Accepted:
20.12.2018
Published:
25.12.2018
Subject area:
UDK 343.8 Исполнение наказания. Предупреждение преступлений
Language:
Russian
Keywords:
ogranichenie svobody, uslovnoe osuzhdenie, uslovno-dosrochnoe osvobozhdenie, restriktivnye mery, osvobozhdenie ot otbyvaniya nakazaniya
Abstract (English):
Introduction: to date, there is uncertainty that comes from the coincidence of the content of the punishment in the form of restriction of freedom with the restrictions imposed on persons during the probation period and the unserved part of punishment. This casts doubt on the appropriateness of such types of exemption from serving sentences as probation and parole. Materials and Methods: dialectical, formal-logical and other general scientific methods of research were applied, as well as special-legal methods: comparative-legal and formal-legal. Results: the study revealed the shortcomings in the legal regulation of restriction of freedom, probation and parole from serving the sentence. It was found that the restrictions that make up the essence of the restriction of freedom are identical to restrictive measures, which are subject to probation and parole. Discussion and Conclusions: the study revealed shortcomings in legal regulation of restriction of freedom, suspended sentence and parole from serving a sentence. It was found that the restrictions that make up the essence of the restriction of freedom are identical to restrictive measures, which are subject to probation and parole. This contradicts the essence of these measures, since restriction of freedom is a punishment, and conditional conviction and parole are types of release from serving the sentence. The article analyzes the ratio of restrictive measures used in the restriction of freedom, probation, parole from serving a sentence.
Introduction: to date, there is uncertainty that comes from the coincidence of the content of the punishment in the form of restriction of freedom with the restrictions imposed on persons during the probation period and the unserved part of punishment. This casts doubt on the appropriateness of such types of exemption from serving sentences as probation and parole. Materials and Methods: dialectical, formal-logical and other general scientific methods of research were applied, as well as special-legal methods: comparative-legal and formal-legal. Results: the study revealed the shortcomings in the legal regulation of restriction of freedom, probation and parole from serving the sentence. It was found that the restrictions that make up the essence of the restriction of freedom are identical to restrictive measures, which are subject to probation and parole. Discussion and Conclusions: the study revealed shortcomings in legal regulation of restriction of freedom, suspended sentence and parole from serving a sentence. It was found that the restrictions that make up the essence of the restriction of freedom are identical to restrictive measures, which are subject to probation and parole. This contradicts the essence of these measures, since restriction of freedom is a punishment, and conditional conviction and parole are types of release from serving the sentence. The article analyzes the ratio of restrictive measures used in the restriction of freedom, probation, parole from serving a sentence.
Keywords:
ogranichenie svobody, uslovnoe osuzhdenie, uslovno-dosrochnoe osvobozhdenie, restriktivnye mery, osvobozhdenie ot otbyvaniya nakazaniya
ogranichenie svobody, uslovnoe osuzhdenie, uslovno-dosrochnoe osvobozhdenie, restriktivnye mery, osvobozhdenie ot otbyvaniya nakazaniya
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