Nature and problems of systematization of measures in criminal law

F.R. Sundurоv

Kazan Federal University, Kazan, 420008 Russia

E-mail: Fedor.Sundurov@kpfu.ru

Received January 22, 2018

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Abstract

The paper explores the legal nature and problems of systematization of criminal law measures. It has been emphasized that, following the amendments to the Criminal Code of the Russian Federation in 2006 and 2016, the indistinct position of the legislator in relation to other criminal law measures became controversial and gave rise to many questions, in particular, concerning the relation of these measures to criminal liability, relationship with punishment, establishment of their range, etc. Other criminal law measures have been defined as the measures of criminal responsibility, which, on the one hand, are not a punishment, but, on the other hand, are a form of its implementation. Two approaches to the system of these measures – narrow and wide – have been discussed. Classifications of other measures of criminal law based on various criteria have been presented. Taking into account the experience of the Belarusian legislation, a three-pronged system of criminal law measures has been proposed and substantiated: 1) punishment; 2) other measures of criminal responsibility; 3) security measures.

Keywords: criminal law, responsibility, measure of criminal responsibility, system of measures in criminal law, punishment, non-punitive measures, security measures

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For citation: Sundurоv F.R. Nature and problems of systematization of measures in criminal law. Uchenye Zapiski Kazanskogo Universiteta. Seriya Gumanitarnye Nauki, 2018, vol. 160, no. 2, pp. 497–505. (In Russian)

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