Institution of Substitution of Punishment and Other Measures in Criminal Law of the Russian Federation and Foreign Countries

DOI

10.2991/aebmr.k.200324.186How to use a DOI?

Keywords

replacement of criminal punishment and measures of a criminal law, fine, forced labor, imprisonment, grounds and conditions for the replacement of punishment by the law of foreign countries.

Abstract

the article discusses the issues of regulating the replacement of criminal punishments and other measures of a criminal law nature under the laws of the Russian Federation and foreign countries to clarify the grounds and conditions for its application in relation to convicts of fines, compulsory labor, correctional labor, detention in a disciplinary military unit, restriction freedom, forced labor, imprisonment for a fixed term and others. As a result of the study, we came to the conclusion that it is necessary to expand the list of punishments for which it is possible to use the replacement of the unserved part of the sentence with a milder punishment, and the feasibility of using a multi-stage penalty replacement system as the main form of punishment imposed by the court in connection with malicious evasion of his serving, taking into account the current system of criminal penalties, and in some cases on the admissibility of a direct replacement of the fine with imprisonment, it is advisable to apply have a provision on fine days. The provisions of a written reminder to the fined person of the time of its final payment may be borrowed in Russian criminal law. Of interest is the provision on increasing the amount of the fine in case of delayed payment.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Svetlana Zakharova
AU  - Lyudmila Budanova
AU  - Sergey Rihanov
AU  - Ulyana Gromova
AU  - Andrei Shcherbakov
PY  - 2020
DA  - 2020/03/30
TI  - Institution of Substitution of Punishment and Other Measures in Criminal Law of the Russian Federation and Foreign Countries
BT  - Proceedings of the “New Silk Road: Business Cooperation and Prospective of Economic Development” (NSRBCPED 2019)
PB  - Atlantis Press
SP  - 1015
EP  - 1017
SN  - 2352-5428
UR  - https://doi.org/10.2991/aebmr.k.200324.186
DO  - 10.2991/aebmr.k.200324.186
ID  - Zakharova2020
ER  -